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(영문) 서울남부지방법원 2018.04.19 2017나64925
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with Aranchising HG Motor Vehicles (hereinafter “Plaintiff”), and the Defendant is also an insurer who has concluded the automobile insurance contract with B Coin Vehicle (hereinafter “Defendant Motor Vehicle”).

B. On January 24, 2017, around 09:50, the Plaintiff’s vehicle was proceeding in the vicinity of the department store located in Seogsan-dong, Northern-si, Northern-si. The Plaintiff’s vehicle was driving ahead of the two-lane road. However, the Defendant’s vehicle driving along the two-lane was driving ahead of the front bank, and the Plaintiff’s vehicle was approaching the front part of the driver’s seat and the front part of the Defendant’s seat in contact with the Defendant’s vehicle in order to avoid a person leading a ricar who driven on the front bank.

(hereinafter referred to as “instant accident.” Although the Defendant asserts that there was no contact between the Plaintiff and the Defendant’s vehicle, the Defendant is deemed to have contacted the Plaintiff’s vehicle and the Defendant’s vehicle at the time of the instant accident, taking full account of the black stuff images and photographs, the contact trace photographs of the Plaintiff’s vehicle, the Plaintiff’s vehicle driver and the Defendant’s vehicle driver at the time of the accident.

The Plaintiff paid insurance proceeds of KRW 277,290 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Grounds for recognition] Gap evidence 1 to 10, Eul evidence 1 to 4, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the instant accident occurred from the total negligence of Defendant vehicle that attempted to change the vehicle line in an unreasonable manner, and thus, the Defendant is liable to pay the insurance proceeds paid by the Plaintiff.

B. (1) In full view of the following circumstances, the instant accident may be acknowledged by the negligence of the Plaintiff’s driver and the Defendant’s driver, taking into account the respective descriptions and images of Gap’s evidence Nos. 1 through 10, and the overall purport of the pleadings.

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