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(영문) 서울중앙지방법원 2018.07.17 2018나10578
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. 3/5 of the judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On July 1, 2017, around 11:24, 2017, the Plaintiff’s vehicle proceeding two lanes in front of the Gangnam-gu Seoul Metropolitan City C, while working at the right directioner at the edge of the three-lane and working at the right directioner at the edge of the Defendant’s vehicle, which is a string route in front of the Defendant’s vehicle and temporarily stopped, and at that time, the Defendant’s mast starts slowly, and the Plaintiff’s right side of the vehicle was shocked in front of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On July 18, 2017, the Plaintiff paid the insurance proceeds of KRW 3,297,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances are: (a) at the time of the instant accident, the Plaintiff’s vehicle, at the time of the instant accident, could immediately start the direction direction on the right side and temporarily stop on the three-lane; (b) the Defendant’s vehicle attempted to make a round from the two-lane, which is the running lane of the Plaintiff’s vehicle, without any particular attempt to make a round on the three-lane, without looking well at the movement of the Defendant vehicle; and (b) the Defendant’s vehicle temporarily stopped on the three-lane edge of the instant road, which is the right side of the road, and thus making it difficult for the Plaintiff vehicle to move to the said a round through the said alley by temporarily stopping at the right side of the said three-lane road, which is the right side of the said runway; and (c) in light of the fact that the Plaintiff’s vehicle, at the time of the instant accident, does not properly look at the Plaintiff’s vehicle’s movement, which is the right side of the Defendant vehicle.

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