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(영문) 서울중앙지방법원 2015.10.22 2015나5094

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

1..

Reasons

1. Basic facts

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

B. On September 25, 2013, at around 19:25, C driven the Plaintiff’s vehicle, and driven one lane on the two-lanes of the two-lanes of the two-lanes in Pyeongtaek-gu, Bupyeong-gu, Seoul. While the Defendant’s vehicle driving in the two-lanes in front of the body of the Plaintiff’s vehicle more than the Plaintiff’s vehicle, the Plaintiff’s vehicle changed the vehicle from the two-lanes to the right edge at the middle of the two-lanes and tried to drive the vehicle toward the right edge from the two-lanes of the Plaintiff’s front side of the Plaintiff’s vehicle, while driving in the two-lanes of the two-lanes to the two-lanes of the safety zone, resulting in an accident that conflicts between the part behind the left edge of the Defendant’s vehicle and the part leading to the right edge of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The location of the instant accident leads to the two-lane road, and the two-lane road is opened adjacent to the right side of the two-lane, and the safety zone is turned down into the two-lane road. At the time of the instant accident, the Defendant’s vehicle, as at the time of the instant accident, runs along the two-lane road along the right side of the two-lane road, and runs along the two-lane road along the two-lane road along the two-lane road, and the collision occurs between the two-lanes where the Plaintiff’s vehicle in the one-lane road attempts to change the two-lane road.

On October 17, 2013, the Plaintiff paid KRW 4,824,000 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of Recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings [Evidence of Evidence] Nos. 1 through 3 (No one believe that the unilateral statement by the driver of the defendant vehicle is written or made on the basis thereof)

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties is with merit.