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(영문) 서울중앙지방법원 2019.10.24 2019나25751
손해배상(자)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of C urban bus vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicle”).

B. On October 22, 2018, around 09:00 on October 22, 2018, the Plaintiff’s vehicle driven the two-lane road front of the F Bank located in Seocho-gu Seoul Metropolitan Government E along the two-lane distance from the south side of the south side terminal crossing to the west 13-dong west.

At the time, G-si was proceeding along the two lanes in front of the Plaintiff’s vehicle, but the said taxi stopped over the first and second lanes in order to avoid a collision with the said taxi vehicle, the said taxi stopped on the front of the Plaintiff’s vehicle over the second two lanes in order to avoid a collision with the vehicle.

Plaintiff

In order to avoid the above H vehicle, the vehicle stopped at a speed, but failed to avoid it, and stopped with the front part of the vehicle of the Plaintiff, the rear part of the H vehicle was shocked and parked. The Defendant vehicle, which was proceeding along the first two-lanes behind the vehicle of the Plaintiff vehicle, attempted to change the vehicle into two-lanes, and the vehicle of the Plaintiff was not faced with the vehicle, and the left part of the lower part of the vehicle was shocked (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 and Eul evidence Nos. 3, 4, 6, 7 and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the defendant is liable for damages suffered by the plaintiff as the insurer of the defendant vehicle due to the accident in this case.

B. A limitation of liability (1) The Defendant: (a) the instant accident occurred due to the Plaintiff’s change of the Plaintiff’s own car line and the sudden stop; and (b) the Defendant’s vehicle was in an inevitable situation where it was impossible to avoid the Plaintiff’s vehicle, the instant accident is the Plaintiff’s vehicle.

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