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(영문) 인천지방법원 2017.04.06 2016나56076
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Plaintiff’s Intervenor regarding the vehicle B (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with the Defendant’s driver with C (hereinafter “Defendant”) regarding the Defendant’s vehicle.

B. On September 2, 2015, the driver of the Defendant vehicle driving the Defendant vehicle on September 22 and 30, 2015, driving the two-lane of the two-lane road in front of the New School of Songpa-gu Seoul, Songpa-gu, Seoul, along the two-lanes from the Gain High School to the National Police Hospital, and entered the bicycle lane installed on the right side of the two-lane right to the right side of the intersection and driving the Plaintiff vehicle ahead of the two-lane.

In the process, the part on the left side of the defendant vehicle was shocked by the front side of the plaintiff vehicle's right side.

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

On September 16, 2015, the Plaintiff paid insurance proceeds of KRW 724,00 at the cost of repairing the Plaintiff’s vehicle.

[Grounds for recognition] Unsatisfy, Gap 1-5, Eul 1-3, the purport of the whole pleadings

2. According to the above recognition of the liability for damages, in order to secure the safety distance with the Plaintiff’s vehicle, which is the vehicle running ahead of it, and to make a right-hand through the intersection, the driver of the Defendant vehicle shall notify the Plaintiff of the fact by means of taking the speed speed of the vehicle running ahead of it, using the horn, etc., and even if it is prohibited from passing through the bicycle, the accident of this case

Therefore, the Defendant’s driver is liable to compensate the Plaintiff’s Intervenor for damages caused by the instant accident.

3. Limitation on liability for damages.

A. The Plaintiff 1’s assertion that the Defendant 1 caused the instant accident that occurred while driving ahead of the Plaintiff’s vehicle in front of the bicycle lane, and the Plaintiff’s Intervenor who was driving along the two-lanes cannot avoid the accident.

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