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(영문) 서울중앙지방법원 2016.04.05 2015가단40317

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B ASEAN4 vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid insurer who has entered into an automobile mutual aid agreement that guarantees the liability for damages caused by a traffic accident while driving the D/C driving truck (hereinafter “Defendant vehicle”).

B. On September 22, 2014, around 13:05, at a speed of 119km, A driven the Plaintiff’s vehicle at a speed of 13:05 km, and driven the two-lane between the two-lanes of the road in the vicinity of the entrance of the Sinsan-si, Sinsan-si, Seosan-si, the two-lanes of the opposite opposite-lanes of the Defendant’s vehicle, coming from the two-lane between the two-lanes of the opposite opposite-lanes, was shocked by the front part of the Plaintiff’s vehicle.

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

At the time of the accident in this case, the meteorological condition was clear, but there was no street lamps in the surrounding area, and the surface condition of the accident site was dry, there was no special obstacle factor or environmental cause of the road that might cause an accident, and the restricted speed was 80 km per hour, and the place where the defendant vehicle used to walk is temporarily cut off for the internship in the area where the yellow-off, etc. is permitted. However, half of the sections where the central separation cost is cut, the safety zone is marked, and a white line is marked to allow the internship in the remaining half of the sections (the length of the defendant vehicle is less than 6 meters, and the width of the above road is less than 6 meters and the road is displayed, and the vehicle of the plaintiff vehicle is the place where the accident occurred by the bend of the decline.

Meanwhile, the Defendant vehicle is a large truck with a width of 2,495m, height of 3,850m, and 25 tons up to 12,570m in length. The electric wheels part of the said vehicle at the time of the Uton is white.