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(영문) 서울중앙지방법원 2017.10.18 2016가단5285457

구상금

Text

1. The Defendant: (a) KRW 6,646,500 for the Plaintiff and KRW 5% per annum from November 30, 2016 to October 18, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

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

B. On October 1, 2015, around 01:10, the Defendant’s vehicle, who was running in the vicinity of the Jeju-do gas station located in the Pakistan-si, Gyeonggi-do, as the area of the Dariririririririririririririririririririririririri Station, was an accident that shocks the rear of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. From December 8, 2015 to November 29, 2016, the Plaintiff paid a total of KRW 22,15,000 as insurance money for the repair cost of the Plaintiff’s vehicle caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, or the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff's vehicle driven at the bend of the accident site of this case, which is the road where the plaintiff's vehicle was driven by the road of the one-lane road, was rapid to avoid a collision with the bus by reporting that the bus exceeds the central line, and that the defendant's vehicle neglected the front-time watch without securing the safety distance with the plaintiff's vehicle, thereby neglecting the front door of the plaintiff's vehicle. Thus, the accident of this case was caused by the unilateral negligence of the defendant's vehicle.

B. Determination 1) The Plaintiff asserted that the bus exceeds the central line at the time of the instant accident, but the Plaintiff’s submission of the first, third, and third evidence Nos. 1 and 3, which seem consistent therewith, are all written on the part of the Plaintiff’s vehicle driver’s unilateral statement as to the cause of the accident, and thus, it is difficult to believe it as it is and there is no other evidence to acknowledge the Plaintiff’s assertion. (2) The driver of any motor vehicle is the driver of any other motor vehicle.