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(영문) 서울중앙지방법원 2015.12.17 2015나13750

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B bus (hereinafter “Defendant vehicle”).

B. On December 27, 2013, around 16:55, the Plaintiff’s vehicle conflict with the Defendant’s vehicle moving bypassing along the four-lanes of the two-lanes at the Yandong-dong Yandong-dong, U.S.-dong, U.S.-dong.

(hereinafter “instant accident”). C.

On February 7, 2014, the Plaintiff paid insurance proceeds of KRW 6,912,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 4, or the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident was entirely caused by the negligence of the Defendant’s driver, and the Defendant asserted to the effect that the Plaintiff’s driver was negligent.

3. In full view of the overall purport of arguments as to the images of Gap evidence Nos. 3 and Eul evidence Nos. 3 and 4 (including each number in the case of a serial number), the four-lane in which the plaintiff vehicle is running is the exclusive lane for the right line. The three-lane in which the defendant vehicle is running, the defendant vehicle continues to run the three-lane in order to stop in front of the intersection, and the vehicle of the defendant has come to stop in front of the intersection. After which the plaintiff vehicle enters the four-lane in the sidewalk, the vehicle starts to turn back to the sidewalk, and at the same time, the vehicle of the defendant vehicle turns back to the left side of the plaintiff vehicle by keeping a rapid direction toward the right side of the vehicle of the defendant vehicle. Accordingly, according to the above recognition fact, it is reasonable to deem that the accident of this case occurred by the negligence of the driver of the defendant vehicle that makes a right-hand change in the three-lane in the right side of the vehicle of the plaintiff vehicle.