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(영문) 서울중앙지방법원 2018.12.18 2018나58099
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. Facts of recognition;

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 February 8, 2018: (a) around 08:18, the Plaintiff’s vehicle passed the intersection from the intersection in front of the Seocho-gu Seoul Metropolitan Saeroe Cables, and from the two-lanes (the first lane is the left-hand lane) of the two-lanes of the two-lane road, the two-lanes of the two-lanes of the two-lanes, to the right-hand side of the road, and entered the intersection along the intersection along the intersection. The Defendant’s vehicle, when passing the intersection outside of the intersection on the left side of the Plaintiff’s vehicle, went through the intersection, and changed the course to the Plaintiff’s own vehicle and entered the intersection into the one-lane of the vehicle by changing the course to the

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

On February 21, 2018, the Plaintiff paid KRW 240,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination

A. The following circumstances revealed that the above facts acknowledged as liability for damages and the entire purport of the argument in the evidence revealed, namely, the instant accident is caused by the Plaintiff’s shocking of the vehicle at a speed higher than that of the Plaintiff’s vehicle while moving into the intersection by going through the intersection from the direction line on the left side of the Plaintiff’s vehicle at the time of entering the intersection, while passing through the intersection at the intersection, and the Plaintiff’s vehicle already going normally in accordance with the above guide line and entering the intersection to the one-lane string side of the intersection. However, in light of the fact that the instant accident is an accident caused by the Plaintiff’s shocking the Plaintiff’s vehicle at a speed higher than that of the Plaintiff’s vehicle without yielding the course while driving the stop or slowly, while driving the vehicle at a speed lower than that of the Plaintiff’s vehicle.

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