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(영문) 서울중앙지방법원 2017.09.22 2017나26415
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 38,800 won to the plaintiff and the defendant shall pay 38,800 won to the plaintiff on September 20, 2016.

Reasons

1.The following facts of recognition may be acknowledged either in dispute between the parties or in combination with the purpose of the entire pleadings in the entries and images of Gap evidence 1 to 6, Eul evidence 1 to 4 (including paper numbers).

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).

B. On June 24, 2016, around 12:16, 2016, the Plaintiff’s vehicle left to the left from the front of the Yongsan-gu Office of Yongsan-gu to the front of the front of the front of the Plaintiff’s vehicle, after having turned to the left from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road.

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

On September 19, 2016, the Plaintiff paid KRW 97,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. According to the above findings and the evidence mentioned above, the accident in this case can be deemed to have occurred due to the negligence of the driver of the plaintiff vehicle who entered the vehicle with a straight line without due attention to the movement of the defendant vehicle moving in accordance with the straight line on the road where the left-hand line is combined with the left-hand line.

However, the driver of the defendant vehicle also has a duty of care to see the movement and distance of the plaintiff vehicle to enter the vehicle immediately before her course on the left side of the direction of her course and to prevent the accident from occurring.

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