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(영문) 서울중앙지방법원 2018.05.18 2017나74643
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that has entered into an automobile insurance contract with respect to A UDR A8 vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a car mutual aid agreement with respect to B bus (hereinafter “Defendant vehicle”).

B. On December 6, 2016, around 18:50, the accident occurred, where the part of the front part of the Defendant’s vehicle, which was proceeding along the three-lanes and the four-lanes of the Plaintiff’s vehicle, attempted to change the lanes on the fourth-lane road located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the fourth-lanes of the two-lanes and the two-lanes of the two-lanes.

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

On February 10, 2017, the Plaintiff paid KRW 17,700,000 at the repair cost of the Plaintiff’s vehicle to the Baskter Co., Ltd.

[Ground of recognition] Facts without dispute, each entry and video of Gap 1 through 9 (including paper numbers) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion that the driver of the plaintiff's vehicle was driving along the three-lanes while driving the vehicle in the front line by stopping the vehicle in front of the vehicle, and then stopped after changing the vehicle to the four-lane. The defendant's vehicle, who was driving in the front line, was driving at the four-lanes, claiming that the accident in this case occurred by towing the plaintiff's vehicle, and therefore the accident in this case occurred.

B. The defendant's assertion that the vehicle driving along a two-lane due to an accident that occurred in the front section of the road driven along the accident site by moving the two-lane line into a three-lane according to the police's reception. The plaintiff's vehicle driving the three-lane is changing the three-lane to a four-lane for the purpose of overtaking the vehicle without driving the three-lane change due to the above two-lane change and driving the vehicle immediately ahead of the defendant's vehicle.

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