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(영문) 서울중앙지방법원 2018.05.29 2017나91419
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 the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with respect to the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. Around 17:00 on January 2, 2017, the Plaintiff’s vehicle is proceeding in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the second-lane road near the entrance of the international market of the new-dong Incheon, Jung-gu, Incheon. In order for the Defendant’s vehicle to change the two-lane line from the first lane, which is the right line to the left right line of the said road, into the second-lane, the straight line, which is the straight line, the lower left line of the Plaintiff’s driver’s seat, and the lower wheel, facing the Defendant’s top of the front wheel and the front wheel.

(hereinafter “instant accident”). C.

On January 26, 2017, the Plaintiff paid insurance proceeds of KRW 1,566,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The following circumstances are: (a) at the time of the instant accident, the Plaintiff’s vehicle was proceeding in compliance with the straight line pursuant to the straight line; (b) while the Defendant’s vehicle tryed to change the vehicle into a two-lane without measures such as speeding, etc. by avoiding other vehicles temporarily stopped to turn to the left while driving at a one-lane left-hand left-hand turn; and (c) in light of the shock and damaged parts of the Defendant’s vehicle at the time of the instant accident, it appears that the Plaintiff’s vehicle was driving ahead of the Defendant’s vehicle, but the Defendant’s vehicle attempted to change the vehicle from the rear side of the Plaintiff’s vehicle to a two-lane without taking measures such as speeding, etc.; and (d) in light of the shock and damaged parts of the Plaintiff’s vehicle.

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