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(영문) 서울중앙지방법원 2017.11.30 2017나53721
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.The following facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings, on the entries and images of Gap evidence 1 to 5, and Eul evidence 1 to 4:

The plaintiff shall be referred to as "the plaintiff's vehicle not exceeding B si" with A.

the insurer who has entered into a motor vehicle mutual aid contract in relation to this section, and the defendant shall be referred to as the "Defendant Vehicle" below C.

It is an insurer who has entered into an automobile comprehensive insurance contract.

B. On October 21, 2016, at around 13:45, the promotion of Eunpyeong-gu Seoul Metropolitan Government, the Plaintiff’s vehicle is proceeding along the two-lanes of the third-lane road of the 176 Do-do Do 176 Do Do Do 2, to the intersection of the large market, and there was a conflict between the front side of the Defendant’s vehicle following the Plaintiff’s vehicle and the left side of the Plaintiff’s vehicle.

그 충격으로 인하여 원고차량은 반시계 방향으로 회전하면서 튕겨져 나가 원고차량의 좌측 앞부분과 피고차량의 좌측 앞바퀴 부분이 재차 충돌한 후, 중앙선을 넘어 건너편 가드레일을 충격하는 사고 이하 '이 사건 사고'라 한다

A. The occurrence occurred.

C. On November 9, 2016, the Plaintiff paid the mutual aid amount of KRW 3,033,000 at the repair cost of the Plaintiff’s vehicle.

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident occurred by towing the Plaintiff’s vehicle, which was driven across the two lanes, depending on the two lanes. The Defendant asserts that the instant accident was caused by the previous negligence of the Defendant vehicle. The instant accident was caused by the previous negligence of the Defendant vehicle, while the Plaintiff’s vehicle driving over the three lanes changed to the two lanes, passing through the point where the instant one lane was installed after changing the vehicle to the two lanes. The instant vehicle was caused by shocking the Defendant’s vehicle driving over the one lane while changing the lane to the one lane, and that it was caused by the previous negligence of the Plaintiff vehicle.

B. We examine the judgment, the facts acknowledged earlier, and the evidence revealed earlier.

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