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(영문) 서울중앙지방법원 2018.02.12 2017나52247
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment in paragraph 2 below shall be revoked.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles (a dump truck, hereinafter “Defendant vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Defendant vehicle”).

B. On September 19, 2016, the Plaintiff’s vehicle stopped in the direction of the left-hand crossing as shown in the attached Form so that the Defendant’s vehicle can find out the Defendant’s vehicle coming from the opposite intersection and pass first by the Defendant’s vehicle, while driving at the intersection of the road, which is not divided into a roadway near the entrance of the park at 6-1 via the entrance of the entrance of the park, at the entrance of the road.

At the time, the truck was parked at the entrance to the left-hand intersection on the basis of the plaintiff's vehicle, and the vehicle was parked at the entrance to the right-hand intersection.

C. While the Defendant’s vehicle stopped the Plaintiff’s vehicle passing through the intersection, the front side of the Defendant’s vehicle was shocked by the front side of the front side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). D.

On October 24, 2016, the Plaintiff paid KRW 1,744,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Unsatisfy, each entry or image of Gap evidence 1 to 7 (including satisfy number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident was caused by the negligence of operation while the Plaintiff’s vehicle stopped on the way of the Plaintiff’s vehicle while driving the vehicle.

Therefore, the instant accident was entirely caused by the negligence of Defendant vehicle.

B. The following circumstances, i.e., ① photographs or images verifying the location of the Plaintiff’s vehicle and Defendant’s vehicle at the time of the instant accident, which are acknowledged in light of the aforementioned evidence, are difficult to determine the exact accident circumstances, but are attached to the confirmation of the fact of the traffic accident.

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