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(영문) 전주지방법원 2018.01.25 2017나6194

구상금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid association that has entered into a mutual aid agreement on the A25 tons of truck truck truck truck truck truck vehicles (hereinafter “Plaintiff vehicle”) with a limited liability company, and the Defendant is an insurer that entered into a comprehensive automobile insurance contract on the B car transport vehicle (hereinafter “Defendant vehicle”).

B. On March 29, 2016, the Plaintiff’s vehicle is proceeding in the direction of a two-lanes of the cruisedo Highway located in the area of sewage of the Gancheon-gun, the front-gun (Seoul), the end of which is about 200 meters away from the entrance of the tunnel, and turned down the part of the Defendant’s vehicle, which was stopped on a two-lane and the side, toward the front part of the right-hand part of the Plaintiff’s vehicle.

Accordingly, the Defendant’s vehicle was transferred to the left-hand side, and the Plaintiff’s vehicle was proceeding as is, and the fire-fighting systems installed on the wall was destroyed by shocking the wall of the tunnel

(hereinafter “instant accident”). C.

On May 16, 2016, the Plaintiff paid 19,800,000 won as damages for damage to the fire-fighting systems, etc. destroyed by the instant accident, within the scope of the amount of legitimate damage to property.

On December 13, 2016, the driver of the original and the Defendant vehicle was indicted for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) at the Jeonju District Court 2016 Godan148, and the said court sentenced the driver of the Plaintiff vehicle to imprisonment without prison labor for two years, one year, and two years, respectively.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 4, Eul Nos. 4, 7 (including Serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties, considering the circumstances that the driver of the defendant vehicle stops on the side side of the tunnel and did not install any sign on the rear side, the accident of this case is deemed to have occurred by the negligence of the plaintiff and the defendant vehicle 50.