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(영문) 서울중앙지방법원 2018.08.20 2018나3457
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

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

B. On February 14, 2017, around 21:15, the Defendant’s vehicle runs the two-lanes of the two-lanes of the road, 353 Masccois, the front direction in the e-mail in the e-mail-based 1 complex market, and entered the two-lanes of the road, which is the second two-lane in the direction of the scco apartment, by moving right to the right to the right to the right to the right to the right to the right to the right to the left of the Defendant vehicle, while the Plaintiff’s vehicle was driving the two-lanes of the road, which is the second two-lanes of the e-mail, into the right to the right to the right to the right to the right of the Plaintiff’s vehicle.

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

By May 26, 2017, the Plaintiff paid insurance proceeds of KRW 2,370,240 in total with the repair cost of the Plaintiff vehicle and the medical expenses of the Plaintiff vehicle driver.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7 and Eul evidence Nos. 1 through 4 (in case of additional numbers, including numbers; hereinafter the same shall apply) or images, the fact inquiry results with respect to the Chuncheon Police Station of this Court, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s Defendant’s vehicle has to make a right-hand transit before and after the right-hand transit, it caused the instant accident by obstructing the progress of the Plaintiff’s vehicle that entered the first lane while entering the next lane. The Defendant is entirely responsible for the instant accident to the Defendant’s vehicle, and the Defendant is obliged to pay the Plaintiff the insurance money paid by the Plaintiff and the damages for delay.

B. The Defendant’s vehicle violates the stop signal and passes through the intersection.

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