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(영문) 서울중앙지방법원 2018.05.29 2018나1901
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid 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. On May 4, 2017, at around 16:59, the Plaintiff’s vehicle kids down in the front part of the Defendant’s vehicle running along the first lane and the second lane at a point where the first lane and the second lane are combined with the two lanes, and the front part of the front part of the Defendant vehicle with the rear part of the driver’s seat of the Plaintiff vehicle.

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

On May 11, 2017, the Plaintiff paid insurance proceeds of KRW 368,440 at the repair cost of the Plaintiff’s vehicle with respect to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The following circumstances revealing the occurrence of liability for damages, the above recognition ratio, and the purport of the entire argument on the evidence as seen earlier, namely, the Defendant’s vehicle was driving ahead of the charge charge, and the Defendant’s vehicle was driving ahead of it into the first lane, which is one of its own lanes, and the vehicle was moving ahead of it, and the Defendant was driving ahead of it on the first lane at the time of the instant accident. However, the two lanes are relatively lower than the first lane, and the Plaintiff’s vehicle was driving ahead of the right side of the Defendant’s vehicle.

In light of the fact that the defendant vehicle attempted to overtake the defendant vehicle at a relatively rapid speed and in the future of the defendant vehicle, and that the confirmed vehicle narrows the distance with the vehicle in front at a speed higher than the defendant vehicle, and that the plaintiff vehicle in front of the defendant vehicle with a speed higher than that of the defendant vehicle, and the accident in this case occurred.

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