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(영문) 서울중앙지방법원 2018.12.19 2018나50293
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

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B car (hereinafter “Defendant vehicle”).

On January 30, 2018, 17:00, near Seo-gu, Seo-gu, Seo-gu, where the Plaintiff’s vehicle was accumulated snow, the vehicle driven along the road and turned left to the left to the parking lot of the left building. On the opposite part, the Defendant’s vehicle was operated, but the vehicle turned to the left, but there was an accident that conflicts between the fronter of the Defendant’s vehicle and the fronter of the Plaintiff’s vehicle and the fronter of the Plaintiff’s vehicle.

(hereinafter “instant accident”). The Plaintiff on February 7, 2018 and the same year

3. 12. Payment of the sum of KRW 883,270 in the medical expenses and the amount agreed upon by the passengers of the Defendant vehicle D and E.

[Grounds for recognition] The plaintiff asserted that the parties to the lawsuit in relation to the accident of this case, as to Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 through 4, and the purport of the whole pleadings, are responsible for the accident of this case, since the defendant's vehicle failed to stop immediately because it failed to maintain the safety distance and to stop the accident of this case, even though the plaintiff's vehicle first left the left at the time of the maintenance of the safety distance, the accident of this case occurred.

In this regard, the defendant asserts that when the plaintiff's vehicle makes a left turn, the plaintiff's vehicle is more responsible for the plaintiff's vehicle because the plaintiff's vehicle was able to return to the left first before the defendant's vehicle that gets straight, and the defendant's vehicle operated the vehicle first before the defendant's vehicle that turns to the left, but the accident occurred due to force majeure since snow was accumulated on the road.

Judgment

According to the above facts and each evidence, the point where the accident of this case occurred is found to have snowed at the time of the length of the body length of one-lane wide in which the house is concentrated, and snow on the road.

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