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(영문) 수원지방법원 2015.11.27 2014가단47401

구상금

Text

1. The Defendant’s KRW 25,038,00 for the Plaintiff and the following: 5% per annum from February 22, 2014 to November 27, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automatic comprehensive insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 19, 2014, at around 22:44, the Defendant’s vehicle attempted to change the two lanes to the side of the Plaintiff’s vehicle, which was proceeding the two-lane of the instant two-lane to the International High School Intersection, among the new River Village, Gamtainst City, 5 apartment complex, and the third-lanes adjacent to the 5.1-lanes of the 511-dong Central Road (hereinafter “the instant road”), from the Gambrost City, the two-lanes of the instant road, and the Plaintiff’s vehicle entered the first lane of the instant road following the said contact, and followed the central separation zone after entering the said road.

(hereinafter “instant accident”). C.

The maximum speed of the instant road is 60km per hour, and at the time of the instant accident, the speed of the Plaintiff’s vehicle is 68km per hour, and the speed of the Defendant’s vehicle is 38km per hour. D.

At the time of the instant accident, it is presumed that from the left side of the Defendant’s vehicle to the rear gate and the rear gate of the Plaintiff’s vehicle, the front gate to the right side of the Plaintiff’s vehicle and the rear gate were contacted. As such, the above contact did not change the right side of the Plaintiff’s vehicle or the left side of the Defendant’s vehicle.

E. On February 18, 2014 with respect to the instant accident, the Plaintiff paid KRW 45,860,000 to the Plaintiff’s vehicle, and returned KRW 11,650,000 by selling the Plaintiff’s vehicle on February 21, 2014.

[Ground for Recognition: Facts without dispute; entry and video of Gap evidence 1-6; Eul evidence 1 (including branch numbers, if any); the result of the appraisal commission to the chief of the Technology Research Institute for Traffic Accident Interpretation of this Court; the purport of the entire pleadings]

2. Determination

A. According to the above facts, the instant accident does not lead to the front and rear left by the driver of the Defendant vehicle.