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(영문) 의정부지방법원 2019.12.19 2019나2989

손해배상(자)

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner and the driver of Ccar (hereinafter “Plaintiff”), and the Defendant is the insurer who concluded a comprehensive insurance contract with respect to D Driving E Large Cargo (hereinafter “Defendant”).

B. Around 12:00 on September 8, 2018, the Defendant’s vehicle moved along the two-lane of the F Elementary Schoolside road from the Hanyang Tri-ro located in Yangju-si to the two-lane, and the vehicle changed to the two-lane, and the two-lane of the Defendant’s vehicle moved along the two-lane of the same road to the right pans, and the vehicle conflicts between the left-hand part of the Plaintiff’s driver’s seat on the left-hand part of the Defendant’

(hereinafter referred to as “instant accident”). C.

The instant accident caused the Plaintiff’s repair cost of KRW 3,350,004, and the Defendant alleged that the Plaintiff’s negligence was 30%, and did not pay KRW 1,00,000, which is a part of the repair cost, to the repair business entity, and the Plaintiff paid KRW 1,00,000 on September 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, Gap evidence No. 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred in the Defendant’s vehicle, which was driven behind the Plaintiff’s vehicle even though the Plaintiff’s vehicle was in the middle of the two lanes, due to an accident that occurred when the Defendant’s vehicle driven behind the Plaintiff’s vehicle had breached its duty of care, was negligent by 100% on the Defendant vehicle.

3. Occurrence of liability for damages and limitation of liability;

A. According to Gap evidence No. 1, Gap evidence Nos. 2, 5, and 6, and the purport of the entire film and pleading, the accident in this case has been damaged in the form of flicking the left-hand part of the plaintiff's vehicle and flicking the part of the driver's left-hand part of the defendant's vehicle. The defendant's vehicle is 25 tons in weight, length, and 12 meters or more in length, and it is difficult for the plaintiff's vehicle to rapidly change its course while the accident in this case is a vehicle. The accident in this case occurred from the flow distance before the plaintiff's and the defendant's vehicle left-hand at the F elementary school.