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(영문) 서울중앙지방법원 2015.11.05 2014나35548

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3. Costs of appeal; and

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the AS3 car (hereinafter “Plaintiff”) freight B (hereinafter “Defendant”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the vehicle B (hereinafter “Defendant”).

B. At around 15:20 on April 30, 2013, C: (a) driven the Plaintiff’s vehicle, driving the Plaintiff’s side, proceeding a one-lane road in the yellow Dok-gun, Chungcheongnam-gun, Chungcheongnam-gun, with an inner interesting plane from the near red bank; (b) while proceeding the opposite vehicle beyond the median line in order to overtake the Defendant’s vehicle prior to the front of the yellow River-gu intersection, it conflicts with the Defendant’s vehicle, which is left left to the left to the left of the open bank.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 3 and 4 (including each number, if any) and the purport of the whole pleadings.

2. The plaintiff's assertion that the accident in this case occurred concurrently by the negligence of the driver of the two vehicles, and the plaintiff paid all D medical expenses, agreed money, repair expenses of both vehicles, etc., which were aboard the plaintiff's vehicle. Thus, the defendant is obligated to pay to the plaintiff an amount equivalent to the ratio of liability to the amount of compensation.

Defendant: The driver of the Defendant’s vehicle has no negligence.

3. The judgment fee, the vehicle on the part of the plaintiff is driving ahead of the defendant's vehicle prior to the method of driving over the median line in front of the intersection in the Yellow-gu intersection, and the vehicle on the part of the defendant is left left left at the said intersection.

As seen above, the plaintiff's vehicle and the opposite vehicle are faced with the opposite vehicle are as mentioned above. In full view of the whole purport of the arguments in the statements No. 5, No. 1, No. 2, and No. 4-4 and No. 5, the driver of the plaintiff's vehicle and the opposite vehicle left left the left at the police station's inquiry "I must turn to the left before the crossing of the vehicle."