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(영문) 부산지방법원 2016.01.14 2015나43469

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. The following facts are acknowledged based on the overall purport of each of the images and arguments in Gap evidence 1, 2, 5, and 9, Gap evidence 3, 4, 9, and Gap evidence 10-1, 2.

A. The Plaintiff is an insurer who runs an insurance business, such as the comprehensive automobile insurance business, and has concluded the comprehensive automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with C (hereinafter “Defendant”).

B. On June 15, 2015, around December 12:05, 2015, D, while driving the Plaintiff’s vehicle on the road in the Busan-gun E-Gun parking lot and passing through the intersection in the parking lot, a traffic accident involving the Defendant’s vehicle entering the intersection from the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On August 14, 2014, the Plaintiff paid KRW 10,723,00 at the repair cost of the Plaintiff’s vehicle.

2. The parties' assertion

A. Plaintiff (1) was driven along along the intersection while driving the intersection, and the Defendant’s vehicle continued to pass the intersection in an excessive way, even though the crosswalk was located on the front direction of the Defendant’s vehicle, and ② the Defendant’s vehicle, which was led from the front direction in the parking lot, failed to take full account of the progress of the road, and thereby, the instant accident occurred. Thus, the instant accident occurred by the Defendant’s fault.

B. The defendant vehicle driving roads and the driving roads of the plaintiff vehicle are similar to the width. If the width enters the intersection of the same road at the same time, the accident of this case occurred as the plaintiff vehicle entered the intersection with rapid speed, even though it is necessary to yield the course to the vehicle entering the right side of the intersection. Thus, the negligence of the plaintiff vehicle shall be deemed 70%.

3. According to the evidence Nos. 3-1, 2, 4-2, 5, 17, and F’s testimony of a witness of a trial.