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(영문) 서울중앙지방법원 2018.06.11 2017나86080
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

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. Around July 30, 2017, the Defendant’s vehicle did not specify the specific address of the Plaintiff and the Defendant, but appears to be a bridge located in the Gi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si. The Defendant’s vehicle was proceeding in the direction of the captain in the direction of the direction of the Defendant’s vehicle. However, while proceeding in the direction of the Defendant’s vehicle, the Plaintiff’s vehicle, while making a left turn to the right side of the Plaintiff’s vehicle in the direction of the direction of the direction of the Defendant’s vehicle, shocked

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

The Plaintiff spent KRW 1,886,300 on August 4, 2017 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1, 2, and 3 (in case of additional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the left left-hand turn of the Plaintiff’s vehicle was anticipated at the time of the instant accident, and the instant accident occurred because the Defendant’s vehicle neglected the duty of front-handing. The fault ratio of the Defendant’s vehicle in the instant accident is 30%.

B. At the time of the instant accident asserted by the Defendant, the Plaintiff’s vehicle can only make a right-hand and left-hand turn is prohibited, but the Defendant obstructed the course of the Defendant’s vehicle and caused the instant accident by left-hand turn. The Defendant’s liability for the instant accident is entirely limited to the Plaintiff’s vehicle.

3. We examine the judgment, based on the evidence and the purport of the entire pleadings as seen earlier.

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