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(영문) 서울중앙지방법원 2015.04.30 2014나25237

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to Abenz E220 CDI car (hereinafter “Plaintiff”), and the Defendant is the owner of B cab (hereinafter “Defendant cab”).

B. On August 29, 2013, at around 18:48, C conflicts with the Defendant cab, driving the Plaintiff’s vehicle that was stopped at the edge of the two-lane road in front of the petition building located at the end of the two-lane road in Mapo-gu Seoul Mapo-gu, Seoul, in front of the petition building, with the front side of the two-lane road.

(hereinafter “instant accident”). At the time, the part of the collision is the front left-hand corner of the Plaintiff’s vehicle and the front side of the Defendant vehicle’s right-hand side.

C. By November 29, 2013, the Plaintiff paid KRW 9,612,030 in total, including KRW 819,490, and KRW 8,792,580, as the repair cost of the Plaintiff’s vehicle, for the medical expenses and the amount agreed upon for E boarding the Defendant taxi.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1 to 3, Gap evidence 5, Eul evidence 2, Eul evidence 2, and the purport of the whole pleadings / [Evidence evidence] Eul evidence 1

2. The assertion and judgment

A. The plaintiff's assertion that the accident in this case occurred when the plaintiff's vehicle stops on the side of the two-lane road, and it entered the two-lanes while changing the vehicle from the first to the second two-lane. The defendant's fault in the plaintiff's driver C and the negligence in the defendant's driver D were concurrently claimed that the accident in this case occurred while the plaintiff's vehicle in this case was changing the vehicle from the second to the first one, the defendant's fault in the plaintiff's driver's vehicle and the negligence in the defendant's taxi driver D, the defendant's assertion that the accident in this case occurred on the first lane while the plaintiff's vehicle in this case was changing the vehicle from the second to the first one.

(b) Determination feet, Gap evidence 1, Gap evidence 3-1, 2, and Gap evidence 4-1 to 3.