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(영문) 서울중앙지방법원 2017.09.22 2017나27548
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the intervention by the Plaintiff’s Intervenor is the supplementary intervenor.

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-profit corporation established with a person holding a license for private taxi transport business in the form of a non-profit corporation established with a person holding a license for private taxi transport business in the inside of the Plaintiff, and is engaged in the business of compensating for damages in accordance with the provisions of the upper conference and the terms and conditions in cases where the damage was inflicted on a member’s vehicle due to an accident during the period of possession, use,

(2) The Defendant is an insurer which has concluded an automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. On November 7, 2015, around 18:10, the Plaintiff’s vehicle following the occurrence of the accident is proceeding four lanes near the shooting distance in the private road located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan City, into the slope of the road. On the other hand, the instant accident occurred where the front part of the Defendant’s vehicle seeking to move into the lane of the Plaintiff’s vehicle bypassing from the right side of the road to the right side of the road in the direction of the course and reducing the speed to avoid the Defendant’s vehicle and the steering gear to reduce the speed to avoid the Defendant’s vehicle and the steering gear to the left side of the Defendant vehicle. At that time, the Defendant’s vehicle, as it is, was moving into the right side of the Defendant’s vehicle and contact the front part of the right side of the Plaintiff’s vehicle.

C. On December 9, 2015, the Plaintiff paid KRW 1,061,00 at the repair cost of the Plaintiff’s vehicle.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 3, 5 (including paper numbers), Eul evidence No. 1, Gap evidence Nos. 4, 6, and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the negligence of the defendant's vehicle that entered the road from the road, and the defendant is running the plaintiff's vehicle first prior to the plaintiff's vehicle.

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