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(영문) 서울중앙지방법원 2016.07.22 2015나69982
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Defendant’s vehicle”).

나. 피고 차량은 2014. 3. 15. 16:00경 남양주시 퇴계원면 퇴계원리 별내농협 앞 편도 1차로 도로를 진행하다가 그 근처의 "ㅓ“자형 교차로에 이르러, 때마침 피고 차량의 진행 차로 우측에 정차하였다가 좌회전하던 원고 차량의 좌측면을 피고 차량의 우측면으로 충격하였다

(hereinafter referred to as “instant accident”). C.

On March 21, 2014, the Plaintiff paid insurance proceeds of KRW 661,530 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including each number in case of additional number), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances revealed by the above facts and the evidence as seen earlier, the Plaintiff’s vehicle appears to have stopped on the right side of the road. However, the Defendant’s vehicle, prior to the Defendant’s vehicle, passed the instant accident after passing through the Plaintiff’s vehicle. The Defendant’s vehicle attempted to pass through the Plaintiff’s side according to the foregoing prior vehicle, and the vehicle seems to have been destroyed to the point where the vehicle was flicked down on the side, and the vehicle was destroyed to the point where the vehicle was flick down on the side, without properly checking the movement of the vehicle after stopping on the right side of the road, the instant accident is deemed to have been committed by the Defendant’s driver’s negligence in violation of the duty of safe driving of the Plaintiff’s driver (the negligence on which the Plaintiff’s vehicle was parked) and the movement of the Plaintiff’s vehicle that started after stopping on the road.

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