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(영문) 부산지방법원 2015.09.09 2014나48405
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 motor vehicle insurance contract with respect to a motor vehicle A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to a vehicle B (hereinafter “Defendant”).

B. On February 26, 2014, around 19:00 on the part of the Plaintiff’s vehicle, the Plaintiff’s vehicle operated the city highway of the Geumcheon-gu Busan Metropolitan City along three-lanes from the surface of its articles of association on the surface of the shipping zone, which conflict with the lower part of the fences behind the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On April 15, 2014, the Plaintiff paid insurance proceeds of KRW 724,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The accident of this case occurred because the plaintiff's vehicle, which operated a straight driving in accordance with the three-lanes of the plaintiff's assertion, did not turn on the direction direction, etc. without any signal, and the plaintiff's vehicle's change from the four-lanes to the three-lanes. Thus, the defendant is obligated to pay to the plaintiff 724,00 won as compensation and damages for delay thereof. 2) The defendant's vehicle operating the four-lanes of the defendant's argument that the plaintiff's vehicle would move the three-lanes to the three-lanes of the plaintiff's vehicle to move the three-lanes of the vehicle to the four-lanes of the plaintiff's vehicle. Thus, the defendant is not obligated to

B. In full view of the overall purport of the evidence duly admitted prior to the occurrence of the instant accident, namely, ① if the Plaintiff’s vehicle moved to the right side as alleged by the Defendant and the instant accident occurred, it should be damaged on the Defendant’s vehicle, and there is no damage to the failure, and ② the damaged photograph of the Plaintiff’s vehicle.

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