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(영문) 서울중앙지방법원 2020.05.19 2019나61795
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On March 18, 2019, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), at the location of 18:05 March 18, 2019 at the time of the instant accident, the Defendant vehicle was straighted in three lanes in Guro-gu Seoul Metropolitan Government, Guro-gu, Guro-gu, and the part of the Defendant vehicle’s right side and the front part of the Plaintiff vehicle was shocked by the left side of the vehicle in the course of entering the vehicle bypass.

Details of insurance proceeds paid 1,952,000 won until May 17, 2019

B. The Plaintiff asserts that, even if the Plaintiff’s vehicle approaches to enter the workplace, the accident of this case occurred as it is, the Defendant’s vehicle did not bound or yield the course, and thus, the entire negligence of the Defendant’s vehicle was caused.

However, the Plaintiff’s vehicle suspended from driving the Defendant’s vehicle while the Defendant’s vehicle was not completely passed, and the lower part of the Defendant’s vehicle was shocked, and at the time, the Defendant’s vehicle seems to have led to a little little of the Plaintiff’s vehicle to the left side of the damage.

In light of the above circumstances of the accident, it is difficult to view the accident of this case as the fault of the defendant's vehicle, and there is no duty of compensation of the defendant.

[Ground of recognition] A.1 to 4, B. 1, the purport of the entire pleadings

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed.

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