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(영문) 서울동부지방법원 2017.04.19 2016나4916

구상금

Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. Basic facts

A. The defendant is an insurer who has entered into an automobile comprehensive insurance contract with respect to the Seoul vehicle B (hereinafter "Defendant vehicle").

The plaintiff is a corporation established with a person holding a private taxi transportation business license in Seoul Special Metropolitan City, which is a member of the plaintiff's association to compensate for the loss or self-loss caused by an accident in the course of the plaintiff's ownership, use and management.

The non-party C is the owner of the Plaintiff’s private taxi in Seoul (hereinafter “Plaintiff”) as the Plaintiff’s member.

B. On March 31, 2015, around 17:10 on March 31, 2015, the accident of this case where the Defendant’s vehicle driving the two-lanes of the three-lanes in front of the Seoul E certified Judicial scrivener’s F office in the direction of the direction of the direction of the direction of the direction of the starting station, and driving the three-lanes in the direction of the right side to enter the right side, while driving the three-lanes of the same road on the right side, the rear side of the back, the rear side, and the rear wheels part of the Plaintiff’s vehicle driving the three-lanes of the same road.

C. The Plaintiff paid KRW 1,308,000 on May 13, 2015 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 to Gap evidence 4-2, the purport of the whole pleadings

2. In light of all the circumstances indicated in the argument of this case, it is reasonable to view the error ratio of the plaintiff vehicle and the driver of the defendant vehicle to 2:8, considering the overall circumstances shown in the argument of this case, it is reasonable to view the error ratio of the plaintiff vehicle and the driver of the defendant vehicle to 2:8, in light of the following: (a) the defendant vehicle trying to make a right right-hand while driving along a two-lanes among the three-lanes of the road; (b) the three-lanes of the road should be crossed along the three-lanes, the right-hand side of the road; and (c) the accident in this case appears to have occurred when the right-hand side

The defendant is not the defendant.