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(영문) 서울중앙지방법원 2017.11.02 2017나41551
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

Facts of recognition

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

Plaintiff

On October 17:24, 2016, the vehicle was in the process of marry mix of lamps (hereinafter “instant mary point”) located on the ethic ethic ethic lethic lethic lethic lethic lethic lethic lethic lethic lethic marthic marthic marthic marthic mar. However, there was a safety zone between the main line and the approach marthic marthic marthic marthic marthic mar.

However, according to the above entry lamps, in order to overtake the large-scale cargo vehicles prior to the instant combined point, the Defendant’s vehicle intruded the safety zone and changed the vehicle into one lane, which is the main line, and the back part of the Plaintiff’s vehicle, which was the place where the vehicle was faced, was shocked with the front part of the left side of the Defendant’s vehicle.

(hereinafter “instant accident”). On November 24, 2016, the Plaintiff paid KRW 2,200,000 (including the Plaintiff’s driver’s share of KRW 500,000) for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, as well as the purport of the whole pleadings, and the plaintiff asserted that the accident in this case was caused by the whole negligence of defendant vehicle whose fleet was changed normally due to the invasion of the safety zone.

On the other hand, the defendant had a duty to safely drive the plaintiff's vehicle by examining whether there is a motor vehicle that is equipped with the plaintiff's vehicle, and even though the defendant's vehicle operated a direction direction and changed its lane, the plaintiff's vehicle is at the speed that the plaintiff's vehicle proceeded without neglecting the above duty.

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