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(영문) 서울중앙지방법원 2020.02.18 2019나44172
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On March 6, 2018, at the time of the accident, the insured vehicle (hereinafter referred to as the “Plaintiff vehicle”) Defendant insured vehicle (hereinafter referred to as the “Defendant vehicle”) CD large truck (hereinafter referred to as the “Defendant vehicle”) and the front part of the Plaintiff’s seat was shocked by the Defendant vehicle in the vicinity of the intersection where the direction of the instant accident occurred, while the Plaintiff’s vehicle driving in the three-lane road near the entrance of the drive bridge at the south-west-dong, the two-lanes of the Defendant vehicle, where the direction of the instant accident occurred, almost three-lanes with the Defendant vehicle running along the two-lane, and the front part of the Defendant vehicle and the front part of the Plaintiff’s seat were shocked.

The details of the payment of insurance proceeds shall be 1,161,770 won as medical expenses to the driver and his/her winners on June 1, 2018.

B. In full view of the following circumstances: (a) the negligence judgment center; (b) the Defendant’s vehicle was proceeding almost about two lanes; (c) the Plaintiff’s vehicle appears to have changed its course to three lanes adjacent to the Defendant’s vehicle; and (d) the Defendant’s vehicle driver could not have discovered and avoided such fact; and (c) the instant accident was caused by negligence in breach of the duty of care at the time of changing the course of the Plaintiff’s vehicle.

[Grounds for Recognition] Uncontentious Facts, Gap's 1 through 7, Eul's 1, 2, the purport of the whole pleadings

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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