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(영문) 서울중앙지방법원 2018.04.10 2017나72319
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with respect to B dump trucks (hereinafter “Defendant’s vehicle”).

B. Around 16:00 on February 27, 2017, the Plaintiff’s vehicle proceeded with a one-lane of the front apartment of the 1st apartment of the Yeong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ray 1st apartment room at the narrow-distance intersection, which does not pass ahead of the front apartment, and the Defendant’s vehicle in the front side arrived first in the vicinity of the above intersection than the Defendant’s vehicle in the process where the Defendant’s vehicle in the front side intrudes the central line and moves into the opposite lane, and runs slowly after temporary stop while the dump truck, which is the front vehicle, is moving back to the second apartment room of the string of the string of the string and the front end of the Plaintiff’s vehicle, while passing ahead the Plaintiff’s vehicle over the center line, the Defendant’s vehicle shocked the front side of the Plaintiff’s vehicle and the front side of the wheeler and the front part of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

From March 14, 2017 to May 15, 2017, the Plaintiff paid insurance proceeds of KRW 1,705,730, and KRW 3,733,980 at the cost of repair of the Plaintiff vehicle.

On the other hand, the personal damage of the driver of the plaintiff vehicle caused by the accident in this case is equivalent to the above medical expenses and the agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 6-1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The following circumstances revealing the existence of liability for damages and the purport of the entire argument in the evidence as seen earlier, namely, ① the Plaintiff’s vehicle immediately before the instant accident took place prior to the Defendant’s vehicle, appears to have been in the process of breaking the center line and passing ahead the Defendant’s vehicle on the opposite lane. ② On the other hand, the instant accident occurred.

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