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(영문) 서울중앙지방법원 2017.01.20 2016나29929
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the driver of C vehicle at the time of the following accident (hereinafter “Defendant vehicle”).

B. At around 13:00 on December 23, 2013, the Defendant: (a) while driving the Defendant’s vehicle and driving the Defendant’s vehicle into a gold village on the Doncheon-do adjacent road, the Defendant attempted to drive the said intersection at the intersection where the U.S. is prohibited from making a U.S. internship at the entrance of the J.S. public playground; (b) was shocked with the front front front direction part of the Plaintiff’s vehicle, which passed the said intersection in accordance with the direct J. al. at the right angle.

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

By April 21, 2015, the Plaintiff paid KRW 2,966,320 as the repair cost of the Plaintiff’s vehicle by April 21, 2015.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred by the defendant's unilateral negligence, since there was no duty of care to drive as predicted that the driver of the plaintiff's vehicle has a motor vehicle with an illegal internship in response to the plaintiff's driver.

On the other hand, the defendant asserts to the effect that since the accident of this case occurred after he was her on his own, he was responsible for the accident of this case, and that the insurance money paid by the plaintiff was calculated erroneously.

B. In full view of the above facts and the evidence revealed above, it can be recognized that the defendant's vehicle, which was an illegal intern, was in conflict with the defendant's back criminal part at the time of completion of the U.S. vehicle's U.S. vehicle's U.S. vehicle's U.S. vehicle's U.S. vehicle's U.S. vehicle's accident. Thus, U.S. accident of this case is not allowed.

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