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(영문) 서울중앙지방법원 2016.12.08 2015나63588
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. Facts of recognition;

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

B. On June 21, 2014, around 06:20 on June 21, 2014, the part on the left side of the Defendant vehicle, where the Plaintiff moved to the right side of the Plaintiff vehicle at a 38-lane located in the new forest road of Gwanak-gu, Seoul Special Metropolitan City, and the part on the right side of the Plaintiff vehicle, which turned to the right side of the Plaintiff vehicle, conflict.

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

On July 29, 2014, the Plaintiff paid insurance proceeds of KRW 9,842,990 as repair expenses.

On the other hand, on June 30, 2015, the defendant transferred the whole business to the defendant's successor, and at the same time the defendant's successor transferred the insurance contract pursuant to Article 164 (1) of the Insurance Business Act and succeeded to the rights and obligations under the above insurance contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, 5 through 7, Eul evidence 1, video, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant accident occurred due to the negligence of the Defendant’s vehicle’s duty of front section and left section on the road, and thus, the Defendant’s successor did not neglect the duty of temporary suspension and safe driving prior to the intersection. As such, the Plaintiff asserted that the Defendant’s successor was negligent on the part of the Plaintiff, who neglected the duty of temporary suspension and safe driving before the intersection.

B. As can be seen by the above facts and the evidence of the Si, the accident site of this case is a three-distance intersection crossing the two-way length between the road and the right side of the road of the one-lane road, and there is a temporary stop line immediately before the intersection in the direction of the vehicle of the Plaintiff, and since the speed of the vehicle of the Plaintiff and the Defendant cannot be known, it is difficult to conclude that the Plaintiff’s vehicle entered the front or the shock part alone after the accident.

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