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(영문) 서울중앙지방법원 2017.09.06 2017나23782
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 has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. A, around 11:35 on October 25, 2016, driven the Plaintiff’s vehicle and driven along six lanes in front of the gambsular street located in Dobong-gu, Seoul Special Metropolitan City, along the six-lane road. However, the Defendant’s vehicle behind the Plaintiff’s vehicle, who had been driving along the six-lane of the same road, entered the bicycle exclusive road located on the right-hand side of the six-lane, and had entered the Plaintiff’s front and passed the vehicle, and had the Plaintiff’s right-hand part and the front gate part after the Defendant’s left the front side of the vehicle.

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

On October 31, 2016, the Plaintiff paid KRW 1,180,000 for the repair cost of the Plaintiff’s vehicle to the Seocho Broadcasting Service Center.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (Evidence No. 3 includes images), Gap evidence Nos. 2, 4, 6, 7, Eul evidence Nos. 2 and 3, the purpose of the whole pleadings

2. The party's assertion and judgment

A. The main point of the party's assertion (i) the accident of this case is that the defendant's vehicle, which was proceeding at the front of the plaintiff's vehicle, intrudes on the bicycle-only way on the right side of the vehicle in order to overtake the plaintiff's vehicle that was proceeding before, and then re-infusing the plaintiff's vehicle to the right side space of the vehicle that the plaintiff's vehicle is proceeding on the left side, and thus, the accident of this case occurred, and the defendant's vehicle passes over the plaintiff's vehicle at the intersection where the defendant's bicycle-only way is prohibited to overtake for the purpose of overtaking, and the vehicle's driver should pass on the left side of the vehicle in order to overtake the vehicle.

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