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(영문) 서울중앙지방법원 2018.09.11 2018나29763
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

[Claim]

Reasons

1. The circumstances leading up to the instant accident are as follows.

On January 24, 2018, at the time of the accident, the insured vehicle A, at the time of the insured vehicle’s accident, was dissipatedd from the downway in the middle direction of the intersection where the insured vehicle (hereinafter “Plaintiffs”) in the situation of the collision between the 4th Escopic (Scopic) coming back from the southwest of the intersection indicated in the attached drawing to the west (Scopic 4) and left from the west (Scopic 4-10 route buses; hereinafter “Defendants”) 6,351,90 won (the final payment by February 7, 2018) with the insurance money paid by the Defendantscopic (Scopic 4-10 route buses; hereinafter “Defendants”), the insured vehicle’s self-payment charges of the insured self-payment 200,000-50,000 won / [recognition grounds], Gap’s number 1 through 81, and each video evidence No. 201, each of the pleading.

2. The plaintiff asserts that the accident in this case occurred due to the unilateral negligence of the driver of the defendant vehicle, and that the plaintiff, the insurer of the plaintiff vehicle, subrogated the right to claim damages on the basis of subrogation of the insurer with respect to the damages caused by the damage of the plaintiff vehicle. Accordingly, the defendant asserts that the driver of the plaintiff vehicle had a full negligence.

In light of the above facts and records, such as the background of the accident, the degree of conflict and shock, and in particular, in light of the progress and movement of the plaintiff vehicle and the defendant vehicle as shown in Eul evidence No. 2, the accident in this case occurred by the whole negligence of the driver of the plaintiff vehicle, and it is reasonable to deem that there was no negligence by the driver of the vehicle in this case or by negligence, which is the cause of offsetting the driver's negligence.

The actual place of the accident in this case is not a lane, but the width of one vehicle to be left at the center is narrow, and it is on the right side of the road.

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