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(영문) 대구지방법원 2015.12.10 2015나6812

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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to BNEW EF rocketing motor vehicles owned by A (hereinafter “Plaintiff-motor vehicle”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the DF motor vehicles owned by C (hereinafter “Defendant-motor vehicle”).

B. At around 11:00 on March 22, 2014, C driving a vehicle of the Defendant and driving a vehicle for the Defendant into the same direction, while driving a two-lane road of the second line at a point of 80.4km located in the Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, in the direction of the city, the two-lanes of the second line road at a point of 80.4km in the direction of the city. On the other hand, C discovered the Plaintiff’s vehicle of A driving in the direction of the same direction and subsequently changed the course into a two-lane.

이때 원고 차량은 1차로로 진로변경 하던 피고 차량을 뒤늦게 발견하고 급제동하면서 미끄러져 원고 차량 우측 옆 부분으로 피고 차량 좌측 앞범퍼 부분을 충돌한 후 튕기면서 2차로를 앞서 진행하던 E 카고트럭 뒷부분과 한국도로공사가 위 고속도로 우측에 설치한 가드레일을 차례로 들이받았다

(hereinafter “instant accident”). C.

The speed of the accident site in this case is below 100 km per hour, and at the time of the accident, the Plaintiff’s vehicle was driven at the speed of 111 to 120 km per hour, and the Defendant’s vehicle was driven at the speed of 91 to 100 km per hour.

With respect to the instant accident, the Plaintiff paid KRW 2,859,620 as the repair cost of the said car truck, etc. and KRW 850,420 as the repair cost of the said car truck.

【In the absence of dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 8, Eul evidence No. 2 to 4, and the purport of the whole pleadings

2. The occurrence and scope of the right of indemnity;

A. In light of the circumstances acknowledged by the evidence prior to the occurrence of liability for damages and the limitation thereof, the instant accident occurred in the course of the instant accident, the collision of both vehicles, and the situation of damage after the accident.