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(영문) 서울중앙지방법원 2018.09.21 2018나26498
구상금
Text

1. In accordance with the expansion and reduction of the purport of the claim in the trial, the judgment of the first instance shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C vehicles owned by B (hereinafter “Plaintiff vehicles”).

B. On October 25, 2017, around 12:13, 2017, the Defendant driven a bicycle in front of the Incheon Yeonsu-gu Incheon Metropolitan City D, and did not discover the Plaintiff’s vehicle parked on the two-lane of the said road and shocked the front side of the Plaintiff’s vehicle.

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

The Plaintiff paid insurance proceeds of KRW 1,287,90 in total to the Defendant by June 5, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 5, the result of the commission of document forwarding to the Incheon District Prosecutors' Office, the purport of the whole pleadings

2. The plaintiff asserts that the accident of this case occurred as a whole by the defendant who neglected the duty of front-time care while driving a bicycle without passing through the bicycle lane.

In this regard, the defendant asserts that the driver of the plaintiff vehicle has some negligence on the part of the driver of the plaintiff vehicle since the accident of this case occurred because the driver of the plaintiff vehicle illegally parked in the parking prohibition area.

3. The following circumstances, which are acknowledged in full view of the evidence as seen earlier and the purport of the entire pleadings, namely, the place where the Plaintiff’s vehicle parked, was a parking-stop zone where yellow solid lines stand at the edge of the road; and Article 13-2(1) of the Road Traffic Act provides that “The bicycle riders shall pass along the bicycle lane at a separate place where the bicycle lane exists.” Since the accident in this case was a concurrent road for bicycles and pedestrians on the side of the road where the accident in this case occurred, the Defendant should pass along the bicycle lane. The place where the accident in this case occurred was a straight line, and there was no other vehicle for the Defendant to go through the bicycle lane, and there was no other vehicle for the Defendant to go on the road, and the accident time was around 12:13 and the weather was clear. Thus, the Defendant is only gold.

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