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(영문) 전주지방법원 2017.03.30 2016나1321
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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to B vehicles (hereinafter “Plaintiff vehicle”). The Defendant is the insurer who has entered into an automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. On November 17, 2013, the Plaintiff paid KRW 558,650,00 in total as agreed money and medical expenses to E by December 19, 2013, with respect to a traffic accident that has occurred between D drivers and Defendant vehicles at the entrance distance at the Southern-si 8 Highway Inter-IC on the Nam-do 88 Expressway (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the circumstances surrounding the instant accident

A. Since the Plaintiff’s assertion vehicle and the Defendant’s vehicle caused the instant accident by negligence in violation of the lane respectively, the Defendant is obligated to pay to the Plaintiff KRW 223,460, which is equivalent to the Defendant’s fault ratio of KRW 40%, out of KRW 558,650, the insurance money paid by the Plaintiff to the Plaintiff.

B. The defendant's assertion that the vehicle of the plaintiff is trying to turn to the left on the three-lane road of the three-lane road, conflicts with the defendant's vehicle which was located in the two-lane, so the accident of this case is merely by the negligence of the plaintiff's vehicle, and there is no negligence on the defendant

C. In full view of each of the above evidence, Gap evidence Nos. 3 through 5, Eul evidence No. 1-1, the whole purport of the pleadings is as follows: A driving the plaintiff's vehicle on Nov. 17, 2013 at around 17:25, while driving the plaintiff's vehicle on Nov. 17, 2013, driving the two-lanes of the three-lane distance at the entrance of the South Korean Highway 88 Highway at the South Korean Highway, and driving the vehicle to turn to the left at the entrance of the South Korean Medical Center, while driving the 4-lane-4-lane from the bank of the Republic of Korea at the entrance of the South Korean Highway at the entrance of the South Korean Highway at the entrance of the defendant's vehicle at the entrance of the defendant's vehicle at the right angle of the same direction, and as a result, E suffered an injury to the defendant'

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