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(영문) 서울중앙지방법원 2018.08.28 2018나14587
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. 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. On May 12, 2017, at around 13:20, the Plaintiff’s vehicle proceeded along one-way road located in the Gangnam-gu Seoul, Gangnam-gu, Seoul, along the direction of the private street intersection (hereinafter “instant intersection”). The Defendant’s vehicle, who entered the instant intersection on the right narrow road of the Plaintiff’s vehicle, was shocked by the front rear part of the Plaintiff’s vehicle’s front front part of the Defendant’s driver’s seat while entering the instant intersection and driving on the right narrow road.

(hereinafter “instant accident”). C.

On June 8, 2017, the Plaintiff paid KRW 1,610,000 with the repair cost of the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealing the existence of the liability for damages and the purport of the entire argument in the evidence revealed earlier, namely, ① the Defendant’s vehicle conflicts with the Plaintiff’s vehicle that entered the instant intersection in the process of entering the instant intersection and bypassing. ② According to the Plaintiff’s black image, it is difficult to view that the Defendant’s vehicle was within the front range of the Plaintiff’s driver’s view in the process of entering the instant intersection before the instant accident occurred, and the Defendant’s driver appears to have driven the Plaintiff’s vehicle while proceeding only the road to be bypass during the process of entering the instant intersection and bypassing the said vehicle. ③ The shock level of the Plaintiff’s vehicle due to the instant accident is compared to the front section of the vehicle’s front section, compared to the lower part of the vehicle’s front section.

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