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(영문) 서울중앙지방법원 2018.02.09 2017나77277
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. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), with respect to the vehicle B (hereinafter “Defendant vehicle”).

B. On November 23, 2016, around 16:28, 2016, the Plaintiff’s vehicle driven the three-lane road in the southwest-gu Seoul Metropolitan Government in the vicinity of a shipbuilding hotel along the three-lane road from the front of the viewing plaza to the Bank of Korea. On the other hand, the Plaintiff’s vehicle temporarily stopped in front of the said intersection in accordance with the stop signal, and entered the passage signal to the intersection.

C. The three-lanes of entry into the bank of Korea from the bank of Korea to the bank of Korea from the bank of the viewing plaza was a straight line, and the road entering the bank of Korea to the bank of Korea from the bank of Korea to the intersection is more than one line entering the intersection from the front of the viewing plaza, and the vehicle passing the intersection from the front of the viewing plaza to the intersection along three-lanes, such as the plaintiff vehicle, and the vehicle passing through the bank of Korea to the bank of Korea to the left-hand line.

The defendant vehicle is running along the two lanes of the same area as the plaintiff vehicle.

After temporarily stopping in front of the above intersection, while proceeding along the intersection according to the ongoing signal, the part before the left side of the Plaintiff vehicle was shocked on the right side of the Defendant vehicle.

(hereinafter “instant accident”) e.

The Plaintiff paid insurance proceeds of KRW 574,770 on November 25, 2016 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1-1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident in this case occurred by the whole negligence of the defendant vehicle, which had the defendant vehicle try to overtake the plaintiff vehicle to the left-hand side of the moving direction within the intersection.

As to this, the defendant.

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