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(영문) 서울중앙지방법원 2017.11.29 2017나44918
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

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

B. On December 22, 2016, the Plaintiff’s vehicle sought to enter the primary road along the instant three-distance intersection bypassing it in the vicinity of the 000-ri-ri ri-ri ri-ri ri-ri ri-ri ri-ri ri-ri ri ri-ri ri ri-ri ri-ri ri,

At the time, the Defendant’s vehicle, based on the Plaintiff’s vehicle, tried to enter the road that the Plaintiff was trying to enter by straighting from the left side of the intersection (the point at which the right side line and the right side line are combined). The Defendant’s vehicle shocked the left side part of the Plaintiff’s vehicle that was moving by right side to the right side.

(hereinafter “instant accident”). C.

At the point of the accident of this case, the signal apparatus was installed, but no separate traffic control was made in addition to the yellow flickering signal.

Plaintiff

With respect to the straight line roads immediately before the right-hand of the vehicle, there are two vehicles that are in motion to turn to the left at the left-hand of the plaintiff vehicle at the time of the right-hand, and there was a vehicle waiting to turn to the left-hand on the left-hand side of the plaintiff vehicle at the time of the right-hand, and the plaintiff vehicle immediately after the passage of a small-sized cargo vehicle directly left on the left-hand side of the road, and immediately before entering the right-hand road, the accident

On February 16, 2017, the Plaintiff spent 446,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred at the time when the Plaintiff’s vehicle driven slowly and the right-hand of the Plaintiff’s vehicle was completed. The unreasonable progress of the Defendant’s vehicle became the cause of the accident.

Therefore, the accident of this case.

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