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(영문) 서울중앙지방법원 2016.10.13 2016나28797

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. With respect to the Plaintiff’s B vehicle (hereinafter “Plaintiff’s vehicle”), the Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with the Defendant on the vehicle C (hereinafter “Defendant’s vehicle”).

B. D, around 04:13 on July 18, 2014, when driving a vehicle of the Defendant, driving the vehicle on the front side of the vehicle and stopping the vehicle on the front side of the vehicle, and driving the vehicle on the rear side of the vehicle of the first instance trial, which was driven on the second lane while changing the vehicle from the front side of the road of the city of Mapo-gu Seoul to the front side of the two-lane, and trying to change the two-lane, the vehicle of the first instance trial, which was driven on the second lane (hereinafter referred to as “A vehicle”) to pass another vehicle on the second lane, and driving the vehicle on the second lane, the vehicle of the front side of the vehicle of the vehicle of the vehicle of the Defendant and stopped on the second side of the vehicle of the vehicle of the Defendant, and the latter part of the vehicle of the vehicle of the Defendant was found to fall short of the front part of the vehicle of the vehicle of the Defendant, and the latter part of the vehicle of the vehicle of the vehicle of this case was found to fall short of the latter part of the vehicle.

(hereinafter “instant accident”). C.

By October 7, 2014, the Plaintiff paid the insurance proceeds of KRW 2,388,010 for the passenger F medical expenses and the agreed amount of the passenger F of the Plaintiff vehicle due to the instant accident, KRW 1,16,810 for the medical expenses and agreed amount of the Defendant vehicle driver D, KRW 9,548,940 for the repair expenses of the vehicle A, KRW 13,053,760 for the Plaintiff vehicle.

[Based on recognition] The identification of Gap evidence 1 to 4 (including each number), Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the driver of the defendant vehicle driving in excess of speed while driving the vehicle A, which is the preceding vehicle, in order to overtake the vehicle A, the driver of the defendant vehicle, and driving the vehicle one and two lanes.