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(영문) 서울중앙지방법원 2018.11.27 2018나48979
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into 365 health insurance contract with B during his daily life, which includes a special agreement to guarantee liability for damages.

B. B, around 14:55 on March 28, 2018, after the 14:55m of door-on driving school in the city of Pakistan, it was a bicycle riding along the right side side of the three-lanes of the street room of Nowon-gu Teachers’ Road (hereinafter “instant bicycle”). At the same time, B, based on the direction of the instant bicycle riding, was driving along one-lane in the direction of right 2:0 km from the direction of the instant bicycle, and the Plaintiff’s vehicle left left at the said intersection led to the left side of the instant bicycle’s right side as the front driver.

(hereinafter “instant accident”). C.

On the other hand, there was no bicycle-only road around the direction of the bicycle of this case at the time of the accident.

After the instant accident, the Plaintiff paid KRW 520,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident on April 20, 2018.

[Ground of recognition] Items A 1 through 5, Eul 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s driver and the driver of the instant bicycle driver, who neglected the duty of Jeonju, passing along the bicycle without using the crosswalk and without using the crosswalk. In the process, the negligence of the bicycle driver of the instant bicycle driver, who did not go on the front and right side. Therefore, the Defendant is obliged to pay 208,000 won out of the insurance money paid by the Plaintiff to the Plaintiff, equivalent to 40% of the negligence ratio of the Plaintiff’s bicycle driver, and damages for delay.

B. We can find out the purport of the entire pleadings as to the above facts of determination and the evidence.

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