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(영문) 청주지방법원 2016.05.18 2015나13516
손해배상(자)
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. The Plaintiff is the owner and driver of B-car (hereinafter “Plaintiff’s car”) and Nonparty C is the driver of D-Oba (hereinafter “the other party”) and the Defendant is an insurance company that entered into an insurance contract with the other party Oraba.

B. On April 6, 2015, around 12:40, the Plaintiff was driving along the second line F in front of the Sindong-gu E on one-lane from the surface of the meteorological ambassador distance to the two-lane. On the other hand, the other party, who was driving along the two-lane boundary, attempted to change the lane into one-lane, the Plaintiff’s front right side of the Plaintiff’s vehicle and the other party’s front side part of the Oran-gu E (hereinafter “instant accident”).

C. Due to the instant accident, the repair cost of KRW 1,143,560 was destroyed to the extent that it is necessary to replace the Plaintiff’s car with mamp-ton personal, and set-line criminal. On May 26, 2015, the Plaintiff spent KRW 1,110,000 at the repair cost of the Plaintiff’s car.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 and 5 evidence (if there is a tentative number, including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

A. According to the above facts, the accident of this case is deemed to have occurred due to negligence in spite of the fact that C had a duty of care to proceed after examining whether C had a vehicle driving in one lane prior to changing the lane. Thus, the defendant who concluded an insurance contract with the defendant Oba with respect to C is liable to compensate for the damages suffered by the plaintiff due to the accident of this case.

B. Restrictions 1 on the liability for damages: Provided, however, other automobiles are used at the edge of the road where the instant accident occurred, in view of the absence of dispute between the parties, or the overall purport of the images and arguments set forth in the evidence Nos. 13 and 14.

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