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(영문) 서울중앙지방법원 2019.08.27 2018나64773
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

The first instance court.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On September 6, 2017, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”), (hereinafter “Defendant vehicle”), which was located in the location of 22:48 on September 6, 2017, and the situation of the collision between the national highway distance of the case No. 7, which was located in the Sin-si, Sin-si, Sin-si, the Plaintiff’s vehicle entered two lanes in the mother vehicle parking lot, and the Defendant vehicle was proceeding two lanes.

The defendant's driver found the plaintiff's vehicle and set the direction toward the left side while driving it, but the fronter and the left side of the plaintiff's vehicle were shocked.

Payment of insurance proceeds shall be 2,638,00 won, excluding self-paid expenses.

B. The Plaintiff asserts that the Defendant’s liability for the instant accident is 50%, in light of the fact that the instant accident is the Defendant’s driver without a license, and that the Plaintiff’s vehicle entered the two-lanes before entering the said two-lanes after stopping and checking the surrounding areas, while leaving several vehicles, the Plaintiff’s vehicle was ordinarily entering the said two-lanes.

The judgment of the first instance court held that the instant accident occurred due to the negligence on the part of the Plaintiff’s vehicle, on the ground that the Defendant’s vehicle driving the two-lane back to avoid the Plaintiff’s vehicle did not recognize the causal link between the Defendant’s driver’s non-licensed driving and the instant accident, and that the Defendant’s vehicle driving the two-lane back to the two-lanes, which continued to enter the two-lane vehicle, and the Defendant’

According to the following evidence, the above facts can be acknowledged, together with the fact that at the time of the accident in this case, the time of the accident in this case is night and rained, and the view was very poor, and the light of the Plaintiff’s vehicle is not reflected at all on the road floor, and the Plaintiff’s vehicle appears to not turn all lights in the process of entering the two-lane from the mother parking lot to the two-lane. The judgment of negligence in the first instance is determined.

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