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(영문) 대구지방법원 2017.05.16 2016가단34721

구상금

Text

1. The Defendant: KRW 39,786,480 for the Plaintiff and KRW 5% per annum from July 29, 2016 to May 16, 2017.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On July 2, 2016, around 09:00, the driver C attempted to change the lane to the direction of the center line (the place where the internship points are installed) on the right side of the five-lane road, in order to start from the parking lot of the National Agricultural Cooperative Federation located in the city area located in 3176 as of the Daegu Suwon-gu, Daegu, and to make a U.S. U.S. moving to a ancient elementary school.

이로 말미암아 때마침 같은 방향으로 위 도로의 2차로에서 직진하여 진행하던 D 운전의 원고 차량 앞 범퍼부분으로 피고 차량의 뒤 범퍼부분을 들이받게 하여 그 충격으로 튕겨나가며 우측 인도에 설치된 자전거 거치대 및 자전거를 피고 차량 앞 범퍼부분으로 들이 받게 함과 아울러, 피고 차량과 부딪힌 후 도로 가장자리까지 튕긴 원고 차량 앞 범퍼부분을 지하철 신매역 출입구를 들이받게 하여 원고 차량을 파손하였다.

C. The Plaintiff paid KRW 44,207,200 as insurance money to the owner of the Plaintiff’s vehicle with the repair cost, lease fee, etc. in accordance with the comprehensive automobile security agreement under the comprehensive automobile insurance contract.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 2-2, 3-1, 2, 4, 5, Eul evidence 1-4, and the purport of the whole pleadings.

2. According to the above facts of recognition, the main cause of the instant traffic accident is that the driver of the Defendant’s vehicle has mistakenly changed the lane of the five-lane road to the front line in order to make the Defendant’s driver to make an unreasonable tour. However, in light of the above circumstances and results of the accident, the driver of the Plaintiff’s vehicle operated the vehicle in the speed of the vehicle or neglected to take the front line.