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(영문) 서울중앙지방법원 2016.10.20 2016가단8860

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an integrated insurance contract for consulting ice with respect to the C-A-Wed Vehicles owned by the Plaintiff (hereinafter “Plaintiff-Wed Vehicles”) with B, and the Defendant is a person who would have caused the instant traffic accident, which is deemed as follows, while driving the D-A-Wed Vehicles (hereinafter “Defendant-Wed Vehicles”).

B. B, around 05:20 on November 13, 2006, when driving the Plaintiff’s vehicle with the blood alcohol content of 0.130% around 05:20%, and driving the Plaintiff’s vehicle at one lane near the Gwanak-gu Seoul Special Metropolitan City, using one lane in the middle of the two-lane road near the Gwanak-gu Seoul Special Metropolitan City, to the new elimbbb., the Plaintiff, who moved to the right side of his driving direction from the back side to the new elimb.b., claimed that the Defendant’s vehicle was in conflict with the Plaintiff’s vehicle while the Defendant’s vehicle was left to the left at the time of the instant traffic accident, and also stated that the Defendant’s vehicle was entering the port by turn to the left.

However, in full view of the rough map (No. 3) and on-site photographs (Evidence No. 4) at the scene of the accident, the road in which the instant traffic accident occurred may have been installed continuously, and it is difficult to understand that the Defendant’s vehicle attempted to make a left-hand turn despite being installed at the center of the road due to the continuous diversity of the divers, and that the Defendant consistently argued that the vehicle was trying to make a right-hand turn at the time of the instant traffic accident. Therefore, it is reasonable to view that the Defendant’s vehicle entered the road while making a right-hand turn at the time of the instant traffic accident.

The front wheel part of the defendant vehicle was shocked with the right part of the plaintiff vehicle.

이로 인하여 피고 차량이 우측으로 넘어지면서 피고가 그 부근에 주차 중이었던 F 차량에 부딪쳤고, 원고 차량은 진행방향 좌측 가드레일을 충격한 후 우측 방향으로 약 18.7m 정도 튕겨져 나가서 마침 진행방향 우측...