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(영문) 서울중앙지방법원 2018.04.03 2017나81214
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

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 February 25, 2017, at around 14:55, the Plaintiff’s vehicle was proceeding along the five-lanes in the section where the difference of the Plaintiff’s vehicle was reduced by eight-lanes in the 11-lanes in the 11-lanes between the 11-lanes and the 5-lanes in order to enter the 3-lanes of the 3-lanes, following the passage of the 5-lanes of the 5-lanes. However, the Defendant’s vehicle proceeding along the 5-lanes in the 5-lanes of the 5-lanes in the 5-lanes between the 5-lanes and the 5-lanes in the 5-lanes of the 5-lanes, while changing the 5-lanes along the 5-lanes to the right side of the Defendant’s vehicle.

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

On March 31, 2017, the Plaintiff paid insurance proceeds of KRW 1,772,250 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 1, 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 without a change of the lane depending on the five-lanes of the section in which the difference was reduced from the 11 lane to the 5 lane in the two-lanes; (b) on the other hand, the Defendant’s vehicle was changing the lane rapidly from the 2 lane to the 5 lane in the two-lanes of the two-lanes without any particular speed, even though the vehicle was at the time of the accident, and there is no other material to deem that there was an inevitable reason for the Defendant’s vehicle to change the lane rapidly. (c) However, the Defendant’s vehicle is the foregoing.

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