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(영문) 서울중앙지방법원 2016.10.19 2016가단5172629

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff acquired the automobile insurance for A car (hereinafter “Plaintiff vehicle”) from the next day, and the Defendant acquired the automobile insurance for B bus (hereinafter “Defendant vehicle”) from the next day.

C On December 11, 2015, at around 17:03, when driving the Plaintiff’s vehicle and driving the D in the direction of Daejeon Daejeon, it conflicts with the Defendant’s vehicle, which was driving by Medd F and left the opposite lane, while driving the Plaintiff’s vehicle in the direction of Daejeon, and driving the D in the direction of Daejeon.

F, in order to avoid collision at the time, the direction of the progress of the Defendant’s vehicle was set toward the port, and the dry field was set into a sweak field beyond the center line, and the second collision was made with the dry

(B) From the following day, the Plaintiff paid KRW 98,182,220 to the Plaintiff’s vehicle, Defendant’s owner of dry field, dry field owner, Defendant’s passenger, etc., with the insurance proceeds due to the instant accident.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 5 and Eul's evidence Nos. 1 and 2 (including provisional number), the argument of the purport of the whole pleadings, and the plaintiff's argument that the plaintiff argued that the plaintiff is negligent in paying the plaintiff's vehicle that operated the defendant's vehicle to the opposite lane, and the accident of this case occurred because the plaintiff's negligence was caused by failure to pay it to the plaintiff's vehicle that operated the defendant's vehicle to the opposite lane, and the plaintiff's claim that the plaintiff's negligence of this case is 40%, and 39,272,880 won and damages for delay equivalent to 40

Judgment

In light of the purport of the entire pleadings in each description or image of evidence Nos. 1 and 2 (including virtual numbers), the road in which the instant accident occurred is a G road, which is a one-lane from each side, and a G road is almost parallel to the left side of the Plaintiff vehicle. The place where the instant accident occurred is an intersection where the access road to which the new road is installed, and the traffic signal, etc. is not installed at the intersection, but both directions of the passage are all.