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(영문) 서울중앙지방법원 2015.11.19 2014나34378

손해배상(자)

Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 25, 2011, while under the influence of alcohol on 06:10%, the Plaintiff driven B CBR125R Rotob (hereinafter “Plaintiff Oba”) with a blood alcohol content of 0.160% on March 25, 201, and driven two lanes on the two-lane road in front of the DD hospital located in Songpa-gu Seoul Metropolitan City from the high separation distance room to the bank of the radio wave police station (hereinafter “Defendant vehicle”), the Plaintiff sustained a e-driving truck of E driver’s Frab (hereinafter “Defendant vehicle”), which was driven in the front part of the front part of the vehicle, and was used as the center and left-hand side, resulting in a collision between the parts of the Defendant vehicle and the rear part of the lower part, thereby causing plebling damage, galkeing the two-lane and galkeing the two-lane and the part of the Defendant vehicle.

(hereinafter referred to as the “instant accident,” and the place where the said accident occurred is referred to as the “instant accident”). B.

The defendant, as an insurer who entered into an automobile comprehensive insurance contract with the defendant vehicle, paid the plaintiff's medical expenses of KRW 106,477,834 as insurance money until January 12, 2012.

[Ground of recognition] In the absence of dispute, Gap evidence 2, Eul evidence 11-1-2, Eul evidence 17-1-2, Eul evidence 17-2, Eul evidence 17-1, Eul evidence 17-2, witness H and witness E of the court of first instance, part of witness G of the court of first instance, the record appraisal result of the first instance appraiser H and part of appraiser G of the court of first instance, the fact inquiry result of the first instance court's fact inquiry about the branch office of the Seoul Road Traffic Authority of the Seoul Metropolitan Government, the purport of the whole pleadings [Evidence evidence] Gap evidence 1-1, Eul evidence 1-3, part of Gap evidence 13, Eul evidence 20, witness G of the court of first instance, part of witness G of the court of first instance, the result of part inquiry about the traffic accident analysis center of the court of first instance on the records of the first instance appraiser G of the court of first instance.

2. Determination on the main claim

A. The plaintiff's assertion (1) is that the plaintiff's defendant's vehicle runs along one lane of the first two-lane road at the time of the accident in this case, while driving along the second two-lane.