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(영문) 서울중앙지방법원 2015.04.16 2014나25251

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive motor vehicle insurance contract with respect to B-V bus owned by Nonparty C-V (hereinafter “Defendant”) and owned by Nonparty C-V (hereinafter “Defendant”) with respect to the Plaintiff’s rocketing car owned by Nonparty C-V Co., Ltd.

B. On July 13, 2013, at around 08:51, C, a bus engineer belonging to Nonparty C, operated a vehicle on the Defendant side, and proceeded directly with the two-lane road from the front side of the Plaintiff’s vehicle entering the two-lane from the front side of the rural construction project, in accordance with the straight line of the vehicle from the front side of the vehicle in the front city, according to the straight line from the front side of the vehicle in the front city.

(hereinafter “instant accident”). C.

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid the Defendant’s passenger D 791,630 won and the amount of 888,970 won and the agreed amount to E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff asserts that the defendant also assumes 20% liability for the instant accident, and sought payment of the amount stated in the purport of the claim, while the defendant alleged that the instant accident occurred due to the negligence of the driver of the vehicle on the part of the plaintiff, and that the driver of the vehicle on the part of the defendant cannot accept the claim due to the lack of negligence.

3. In full view of the purport of the pleadings as a whole in the statements in Gap evidence Nos. 1, 3 and Eul evidence Nos. 3, the defendant's vehicle attempted to drive straight along two-lanes of the two-lane road. On the other hand, while the plaintiff's vehicle driven along one-lane and attempted to turn right at the intersection, which is the point of accident, when the vehicle became the point of accident, the driver's length of the vehicle is 45 degrees Ga, and the plaintiff's right side of the vehicle and the left side side of the defendant's vehicle conflict with each other. The above accident is recognized.