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(영문) 서울중앙지방법원 2018.02.14 2017나32717
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. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each video of Gap evidence Nos. 1 to 4, Eul evidence No. 1, evidence Nos. 5, and evidence Nos. 2 and 3.

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AM7 vehicles (hereinafter referred to as “Plaintiffs”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to Bro vehicles (hereinafter referred to as “Defendant vehicles”).

B. On November 18:28, 2016, the driver of the Plaintiff’s vehicle: (a) followed the Plaintiff’s vehicle by a community credit cooperative located on the right side of the Plaintiff’s vehicle; (b) shocked the Defendant’s vehicle and the opposite line going to the left to the left to the left after the center line to enter the alley of the community credit cooperative (hereinafter “instant accident”); (c) due to the instant accident, the Plaintiff’s driver’s seat behind the front side of the Plaintiff’s vehicle and the rear end on the rear side of the Defendant’s seat and the rear side of the Defendant’s seat were destroyed, respectively.

C. On December 9, 2016, the Plaintiff paid KRW 640,400,00 in total, including KRW 249,900, and KRW 390,500, to the Changdoon Center, as the cost of repair and parts of the Plaintiff’s vehicle due to the instant accident.

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident in this case occurred due to the former negligence of the driver of the defendant vehicle who caused a sudden central line and left the left or left turn at a place where the left turn is prohibited. Thus, the defendant is liable for damages caused by the accident in this case to the plaintiff vehicle insured, and the defendant is liable for damages caused by the accident in this case. The plaintiff paid 640,400 won to the plaintiff vehicle for the plaintiff vehicle insured by paying the insurance money of 640,400 won due to the repair cost of the plaintiff vehicle caused by the accident in this case

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