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(영문) 서울남부지방법원 2018.05.31 2017나63830
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to B rocketing vehicles (hereinafter “the Defendant”) with respect to the AKaman vehicle (hereinafter “the Plaintiff’s vehicle”).

B. On September 14, 2016, the driver of the vehicle on the part of the defendant's side, who driven the vehicle on the part of the defendant's side and moved to the left at the exit direction in the e-mail parking lot located in Suwon-si, in order to proceed to the exit direction, the driver of the vehicle on the part of the plaintiff's front corner of the front corner of the vehicle on the side, which was left to the left left from the right side of the moving direction of the vehicle on the part of the defendant's front corner.

(hereinafter “instant traffic accident”). The degree of the occurrence of an accident is as shown in the attached Form.

C. On September 29, 2016, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 376,600 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. In full view of the facts acknowledged as above and the circumstances leading up to the occurrence of the instant traffic accident, the location of the vehicle on the part of the plaintiff and the defendant at the time of the accident, and the parts of the collision, etc., the driver of the defendant vehicle at the time of the instant traffic accident, as the driver of the vehicle at the time of the instant accident, tried to turn to the left at the road in the shape of Twit-shaped shape, making a turn to the left, or temporarily stop the vehicle before making a turn to the left, and if it is likely to obstruct the normal traffic of other vehicles, the driver of the vehicle at the defendant vehicle at the time of the instant accident would have caused the instant traffic accident without any duty of care to turn to the left, while failing to turn to the left.

In addition, the defendant's vehicle will turn left only when the plaintiff's vehicle runs straight and has already entered the way of T-W-shaped.

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