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(영문) 서울중앙지방법원 2017.06.14 2017나8127

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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. Around 10:15 on May 19, 2016, the Plaintiff’s vehicle operated a side-way along the direction around the center of the Yongdong-dong-ro 582-11 in the direction of the road. However, the road width is narrow, and the part of the left-hand edge and the front width of the Defendant’s vehicle, which was located adjacent to the direction of the road, was shocked by the front-hand part of the front-hand part of the Plaintiff’s vehicle.

C. On June 1, 2016, the Plaintiff submitted KRW 1,546,00 of the insurance money as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, or the purport of whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s instant accident occurred when both of the drivers of the instant vehicles violated their duty of care, and thus the Defendant’s negligence is 50%. 2) The Defendant’s vehicle discovered the Plaintiff’s vehicle and moved to the right edge of the road and stopped. The Plaintiff’s vehicle was shocked to the Defendant’s vehicle and the instant accident occurred. Therefore, the Defendant’s driver did not fault.

B. In light of the following circumstances acknowledged prior to the determination, it is reasonable to deem that the instant accident occurred due to the overall negligence of the Plaintiff’s driver.

Therefore, the plaintiff's assertion is without merit.

- According to the above facts, as seen above, the photographic image taken at the time of the accident (Evidence Nos. 4, 5, 2, and 4 of A), the Plaintiff’s vehicle has shocked the left-hand side of the Defendant’s vehicle on the left-hand side, and the location of the accident is also considered in light of the general type of driving, on the basis of the Defendant’s vehicle.