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(영문) 서울중앙지방법원 2016.09.02 2016나26647
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.Basics

A. On November 23, 2012, the Defendant driving a B-Motor vehicle (hereinafter “Defendant vehicle”) around 14:20 on November 23, 2012, and driving the Incheon Seo-gu Incheon International Airport Highway at the seat of the Incheon Airport at the seat of the Incheon Airport.

A vehicle C in the front of the vehicle (hereinafter referred to as the “Plaintiff”) passed the Plaintiff’s vehicle due to sudden decrease in speed at the installation site of the speed control camera, and obstructed the course by driving the Plaintiff’s front of the vehicle, and when the Plaintiff’s vehicle changes the Defendant’s vehicle, it threatens the Plaintiff’s driver on several occasions, such as changing the vehicle vehicle rapidly depending on the Plaintiff’s vehicle when changing the vehicle.

As the Plaintiff’s vehicle was changed into a two-lane, the Defendant attempted to change the two-lanes depending on the Plaintiff’s vehicle. Accordingly, the Plaintiff’s vehicle seeking to conflict with the Defendant’s vehicle has lost its center, shocked the central separation zone, and conflict between D vehicles driving the same direction three-lanes.

(hereinafter “instant accident”). (b)

Plaintiff

Until October 30, 2015, the Plaintiff, an insurer who entered into a comprehensive automobile insurance contract with respect to the instant vehicle, paid the insurance proceeds of KRW 6,731,310, and KRW 3,847,00 as the repair cost of the Plaintiff’s vehicle, and KRW 495,30 as the repair cost of the Plaintiff’s vehicle, and KRW 11,983,610 as the centralized repair cost, respectively.

C. The Defendant was convicted of the facts constituting a crime that inflicted an injury on E by the foregoing method, and damaged the Plaintiff’s vehicle and D vehicle, and the judgment became final and conclusive.

(A) An entry in the evidence No. 1, No. 1, No. 4 (including each number), the entry in the evidence No. 1, No. 1, and the purport of the whole pleadings, and the purport of the whole pleadings, without dispute (based on recognition)

2. According to the above facts of recognition, the accident of this case occurred by intention or negligence of the defendant who obstructed the progress of the plaintiff vehicle by rapidly changing the vehicle of this case according to the plaintiff vehicle.

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