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(영문) 서울중앙지방법원 2018.11.27 2018나36877
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

1...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 22:20 on June 27, 2017, the Plaintiff’s vehicle tried to avoid the Defendant’s vehicle entering the said road into the front side of the Plaintiff’s vehicle while moving a three-lane road into the front side of the first apartment road (hereinafter “instant intersection”) under a new line from the basin of the river tunnel to the efficiencies distance from the front side of the river tunnel. In short, the Plaintiff’s vehicle tried to keep out of the Defendant’s vehicle entering the said road into the front side of the Plaintiff’s vehicle.

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

Plaintiff

The expected repair cost of the Plaintiff’s vehicle was KRW 17,571,820, compared to the exchange price immediately before the instant accident was 17,300,000, and the Plaintiff’s owner sold the Plaintiff’s vehicle at KRW 6,70,000 after the instant accident.

On August 22, 2017, the Plaintiff paid 10,600,000 won (=17,300,000 won - 6,700,000 won) calculated by subtracting the exchange price of the Plaintiff vehicle remaining after the instant accident from the exchange price of KRW 17,30,000 prior to the instant accident to the insured C, as insurance proceeds.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 10 (including provisional number), the purport of the whole pleadings

2. Determination

A. The following circumstances revealing the overall purport of the arguments in the evidence admitted as above and the aforementioned facts. In other words, where the driver of any motor vehicle intends to make a right-hand through the intersection, he/she shall proceed to the right-hand side of the road in advance, and where he/she intends to change the course of the motor vehicle, he/she shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction of change.

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