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(영문) 서울중앙지방법원 2016.11.09 2016나48517
구상금
Text

1. Of the judgment of the first instance, the Defendant’s KRW 1,545,098 and its relation to the Plaintiff shall be annually from September 12, 2014 to November 9, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to B-Vehicles (hereinafter “Plaintiffs”).

B. At around 08:30 on July 26, 2014, the Defendant: (a) obstructed the Plaintiff’s vehicle, which was proceeding under the direct crossing of the said intersection, in violation of the signal, while getting a bicycle for the bicycle.

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

With respect to the instant accident, the Plaintiff paid insurance proceeds of KRW 2,631,870 on September 11, 2014, under the name of KRW 292,870, 1500, 1500,000, and vehicle repair cost of KRW 839,000, to the driver C, the passenger D, and E on board the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of liability for damages, since the defendant operated a bicycle in violation of the crossing signal, thereby causing the accident of this case, the defendant is obligated to compensate for the damage of the plaintiff's vehicle caused by the accident of this case.

Meanwhile, according to the statement in Gap evidence No. 5, the accident in this case occurred due to the defendant's fault, since the defendant's bicycle was an accident that caused the side of the plaintiff's bicycle to the right side of the vehicle while the plaintiff's vehicle almost passed through the intersection in accordance with the straight line and entered the adjacent road.

B. 1) First of all, the details of physical damage of the Plaintiff vehicle are examined as to the details of the physical damage. According to the statements and images of the Plaintiff vehicle Nos. 2 and 5, the Defendant’s bicycle is deemed to have flicked to the right side of the Plaintiff vehicle at the time of the instant accident, and thus, the Defendant’s bicycle was damaged by flicking the right side of the Plaintiff vehicle at the time of the instant accident, but there is no other evidence to acknowledge that other parts of the Plaintiff vehicle were damaged by the instant accident (the photograph of the Plaintiff vehicle No. 2).

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