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(영문) 수원지방법원 2016.01.13 2015나7753
구상금
Text

1. Of the judgment of the court of first instance, KRW 1,909,000 against the Plaintiff and its related thereto, from August 5, 2014 to January 13, 2016.

Reasons

1. Basic facts

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

B. At around 11:20 on July 18, 2014, C driving the Plaintiff’s vehicle, and driving the two-lane in the vicinity of the exit of the Gyeongbu Highway in the area of the Busan Bungbu Highway. D driving the Defendant vehicle, driving the Defendant vehicle, and driving the Plaintiff’s vehicle on the lower side.

C. At the same time, C observed the chain drilling accident of the preceding vehicle in the two lanes and changed the lane into one lane.

C immediately after changing the lane, the driver of the towing vehicle immediately before the end of the towing vehicle in the two-lane after the change of the lane, considered that the driver of the towing vehicle takes a door of the driver's seat in order to get off the vehicle.

However, D did not avoid this, and did not look back on the front side of the Plaintiff’s vehicle (hereinafter “instant accident”). D.

At the time of the accident of this case, the surface was built, and the type was in the straight line.

In addition, roads at the point where accidents occur are motorwayss, and the restricted speed is less than 110km/h.

E. The Plaintiff paid KRW 3,818,000 insurance money to C as the repair cost of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 4, 5, Eul evidence 1, Eul evidence 3, the video of Gap evidence 3, the purport of whole pleadings]

2. The parties' assertion

A. The main point of the Plaintiff’s assertion was that the instant accident caused the Defendant’s driver’s negligence, because the Defendant’s vehicle neglected the duty to ensure the safety distance and the duty to keep the safety distance and was driven on the front line and caused the Plaintiff’s vehicle to be driven on the front line.

Therefore, the defendant is obligated to pay the full amount of the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. The main point of the Defendant’s assertion is whether the Plaintiff’s vehicle runs away on the bus exclusive way of the highway.

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