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(영문) 서울동부지방법원 2018.10.05 2018나23676
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. Facts of recognition;

A. The Plaintiff is a non-profit corporation established for the purpose of common welfare, friendship, etc. among its members with a license for private taxi transportation business in Seoul Special Metropolitan City, and is engaged in the business of compensating for the damage to a vehicle or body caused by an accident during the possession, use, or management of the vehicle.

A is the owner of a private taxi (hereinafter referred to as "Plaintiff-vehicle") who is a member of the Plaintiff's commercial conference.

The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles C (hereinafter referred to as “Defendant vehicle”).

B. Around 00:15 on June 3, 2017, the Plaintiff’s vehicle, which occurred, was proceeding along two lanes in the direction of the Changdong Underground Road in the direction of the Changdong Underground Road, and was passing through the intersection after entering the intersection of the Changdong Parking Lot in Dobong-gu Seoul Metropolitan Government. However, the Defendant’s vehicle, who entered the intersection of the red point defray in the direction from the right side of the Plaintiff’s vehicle toward the direction as prescribed by the direction of the vehicle, shocked the Defendant’s front right door of the Plaintiff’s vehicle.

(이하 ‘이 사건 사고’라 한다). 이 사건 사고로 원고 차량이 우측으로 튕기면서 인도 변 경계석과 충돌하여 원고 차량의 전면과 하부가 파손되었다.

C. On July 6, 2017, the Plaintiff paid KRW 4,726,00 (hereinafter “instant repair cost”) to an industrial company that repaired the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 9, Gap evidence No. 8-1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the claim by the parties is that the plaintiff's vehicle is the road that the plaintiff's vehicle is running and the intersection also entered, but the defendant's vehicle is red-defensed.

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