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(영문) 서울중앙지방법원 2016.09.01 2015나61599

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to B individual taxi owned by the Plaintiff’s Intervenor (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive motor vehicle insurance agreement with respect to C (hereinafter “Defendant”).

B. At around 11:45 on May 2, 2013, D driven the Defendant’s vehicle, and led to the straight-line display, etc. of the front line of the Plaintiff’s driver’s vehicle in the front part of the Defendant vehicle, which was sent to the front part of the front part of the Defendant vehicle, when the straight-line display, etc. of the front line signal at the 80-on-off intersection of the Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, left straight from the lower part of the Seoul Arts Center to the lower part, while the straight-line display, etc. of the front line was on a yellow-off ground.

(hereinafter “instant accident”). C.

On June 10, 2013, with respect to the instant accident, the Plaintiff paid KRW 3,628,000 as the repair cost for the Plaintiff’s vehicle.

On the other hand, on August 19, 2013, the prosecution rendered a decision on the charge of violating the Act on Special Cases concerning the Settlement of Traffic Accidents that the Plaintiff’s Intervenor caused the instant accident by making an internship in violation of the signal, on the grounds that it cannot be readily concluded that the Plaintiff’s Intervenor’s signal was violated.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred because the defendant's vehicle gets straight in violation of the signal at the above intersection and was shocking the plaintiff's vehicle that had been normally U-turned pursuant to the new code. Thus, the defendant is obligated to pay the plaintiff the above insurance money 3,628,000 won and damages for delay incurred by the plaintiff with respect to the accident in this case caused by the negligence of the defendant vehicle.