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(영문) 대전지방법원 2019.09.04 2018나116918

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff concluded an automobile insurance contract with C and D (hereinafter “Plaintiff”)

B. The Defendant concluded an automobile insurance contract with the E and F vehicle (hereinafter “Defendant vehicle”).

C. On March 18, 2018, around 11:52, the Plaintiff’s vehicle driving along a one-lane road in front of the Daejeon Dong-gu G apartment, Daejeon, and the Defendant’s vehicle moving by right to the left-hand side of the direction of the Plaintiff’s vehicle (hereinafter “instant accident”). D.

On May 17, 2018, the Plaintiff paid insurance proceeds of KRW 2,786,870 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 9, Eul evidence Nos. 1, 2 and 3 and the purport of the whole pleadings

2. Determination

A. The following circumstances acknowledged by the aforementioned evidence and evidence evidence No. 5, and the purport of the oral argument, namely, the Plaintiff’s vehicle was parked on both sides of the road where the Plaintiff’s vehicle was parked at the time of the instant accident, and thus, the Plaintiff’s vehicle was negligent in carrying out defensive driving while neglecting the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and the right and right and the right and right and the right and right and the right and right and right and the right and the right and right and right and duty are exercised.

(b).