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(영문) 서울중앙지방법원 2017.12.12 2017나43601
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

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. Around 18:00 on April 2, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, and driving the four-lane road near the intersection at the beginning of the intersection at the beginning of the year, along the three-lanes, along the two-lanes, from the intersection of the intersection, the Defendant’s vehicle driving on the four-lane, the combined road of the intersection of the intersection of the Bridge, at the beginning of the year, was at a speed to stop after changing the vehicle into three-lanes, and was not at a speed to stop, and was at the top of the front end of the driver’s seat of the Plaintiff vehicle, and was at the end of the rear part of the Defendant’s vehicle.

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

On April 19, 2017, the Plaintiff paid insurance proceeds of KRW 1,411,300 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealed by the fact of recognition as above and the evidence revealed that the liability for damages occurred, namely, the road in which the instant accident occurred, is a way to cut off with 3% pured, the Defendant vehicle attempted to change the lane when the distance with the Plaintiff vehicle was 9 to 10 meters, and the distance with the Plaintiff vehicle was 6 to 7 meters at the time when a half of the vehicle of the Defendant vehicle entered the three-lanes, and the other vehicle going on the front section of the Defendant vehicle in accordance with four-lanes is merely 6 to 7 meters. The other vehicle going on the front section of the Defendant vehicle, which attempted to change the lane while trying to change the lane, was stopped near the four-lane stop line, depending on the direction of left-hand direction and the traffic signal changed to the yellow signal, while the Defendant vehicle was changed to the yellow signal, while the front section of the Defendant vehicle and the front section of the Defendant vehicle, the front end of the vehicle.

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