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(영문) 서울중앙지방법원 2018.06.19 2017나79631
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 9, 2016, around 08:45, the Plaintiff’s vehicle was running in the vicinity of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, a three-lane in the vicinity of Yongsan-gu, and was rapidly reduced immediately after changing the vehicle to the first lane. The Defendant’s vehicle proceeding on the lower side of the Plaintiff’s vehicle with the said first lane was trying to change the vehicle’s lane and move to the right side of the Plaintiff’s vehicle to reduce the speed, and the vehicle is going into operation on the right side of the Plaintiff’s vehicle, and there was an accident that shocks the rear side of the Plaintiff’s vehicle into the front left side of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

As a result of the instant accident, victims C and D, who were on board the Plaintiff’s vehicle, suffered injuries in strawing, etc. Accordingly, the Plaintiff paid the victim C insurance proceeds of KRW 350,000 on November 10, 2016, KRW 44,090 on February 1, 2017, and KRW 350,000 on November 11, 2016 to the victim D.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealing the overall purport of the argument of the evidence revealed as to the occurrence of the liability for damages, namely, ① since the Plaintiff’s vehicle driven along the three-lanes to two-lanes and one-lanes, the Defendant’s driver, who proceeded in the first lane thereafter, could sufficiently be sufficiently confirmed. ② Nevertheless, the Defendant’s vehicle driver did not keep the rapid speed and the safety distance at a rapid speed, and set up the vehicle immediately subsequent to the Plaintiff’s vehicle. ③ However, the Plaintiff’s vehicle is rapidly at a rapid speed and the Defendant’s driver did not immediately stop, and the Defendant’s driver did not immediately stop.

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