logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.24 2017나25818
구상금
Text

1. The plaintiff's appeal is dismissed.

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

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. At around 13:01 on September 9, 201, the Defendant’s vehicle driven on the front highway of the Pungdong-dong, Sungnam-si, Pungnam-si, Pungnam-si, and led to the parallel section between the two lanes and the right-hand side of the Plaintiff’s vehicle, which led to the collision between the two sections: (a) the rear wheeler on the front side of the driver’s seat of the Plaintiff vehicle; and (b) the lower wheeler on the front side of the Defendant vehicle.

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

On September 27, 2016, the Plaintiff paid insurance proceeds of KRW 1,953,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances are revealed by the occurrence of liability for damages, the ratio of responsibility and the evidence of the above recognition, namely, the accident site of this case is a bottled section where the number of lanes has decreased and the width of the combined lane has decreased as a single lane. At the time of the accident of this case, a large number of vehicles, including the original and the defendant vehicle, are repeated or slowly driven, so the driver of the original and the defendant vehicle has a duty of care to pay attention not only to the front side but also to the vehicle traffic on the upper side and the right side, and to drive safely. Nevertheless, in the process of the vehicle of this case, without considering the progress of the plaintiff vehicle in which the distance between the front side of the vehicle of this case has increased and more than that of the defendant vehicle, it seems that the left side of the vehicle of this case conflicts with the right side of the plaintiff vehicle of this case, and the vehicle of this case and the vehicle of the plaintiff and the defendant are made to reduce the width of the vehicle of the plaintiff.

arrow