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(영문) 서울중앙지방법원 2018.07.13 2017나71224
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 insurance company that entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), with respect to the Plaintiff’s vehicle B (hereinafter “Defendant’s vehicle”).

B. Around 15:00 on December 25, 2016, the Plaintiff’s vehicle driven a two-lane road in front of 223 207 in the two-lane apartment complex located in Ansan-si, and the previous Defendant’s vehicle went beyond the opposite line and went back to the opposite line, and entered the top line of the said road, and breaking the center line of the said road, thereby shocking the Plaintiff’s vehicle’s driver’s seat on the back side of the front line of the Defendant’s vehicle, and shocking (hereinafter “instant accident”).

(See attached Form No. 3). (C)

On January 11, 2017, the Plaintiff paid insurance proceeds of KRW 1,110,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 to 11 evidence, Eul 1 evidence, and the purport of the whole pleadings

2. The plaintiff asserted that the accident in this case was caused by the negligence on the part of the driver of the defendant vehicle, because the previous defendant vehicle went beyond the opposite line, and then the center line in the apartment house was intruded, and did not discover the plaintiff vehicle that was normally driven, and the accident was caused by the negligence on the part of the driver of the plaintiff vehicle. Accordingly, the defendant's vehicle entered the parking place located on the right side of the plaintiff vehicle in the direction of the vehicle in this case before the accident, and entered the parking place on the right side of the vehicle in the direction of the vehicle in the direction of the vehicle, and it was in conflict with the plaintiff vehicle while driving the vehicle in the opposite line to return to the normal line. The plaintiff's driver was negligent in neglecting the situation of the vehicle in front and driving the vehicle in order to return to the opposite line.

3. Determination

A. According to the above facts of recognition, the accident of this case is found.

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