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(영문) 전주지방법원 2015.12.17 2014나9451
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. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, each entry in Gap evidence Nos. 1 to 4 (including paper numbers):

The Plaintiff entered into a comprehensive motor vehicle insurance contract with respect to the C motor vehicle owned by B (hereinafter referred to as “Plaintiff”), setting the insurance period from February 23, 2011 to June 10, 201.

B. On May 7, 2011, the Defendant driving a two-wheeled vehicle (hereinafter “Defendant vehicle”) around 12:10, and driving a white village in front of the white village in the front of the documents in the frontwest-gun of North Korea (hereinafter “Defendant vehicle”) into the opposite line beyond the central line in order to make a overtaking, while driving a white village in front of the white village in the front side of the frontwest-gun of North Korea, and driving it into the opposite line, and reached the area near the third distance where a white village access road is located

On the other hand, B driven the Plaintiff’s vehicle before the Defendant’s vehicle and proceeded the above way from the side of the side to the slope, and turn to the left in the direction of the white village near the above three-distance.

The Defendant discovered the left turn of the Plaintiff’s vehicle, but failed to avoid the left, received the part slicking on the side of the Plaintiff’s driver’s seat as the front part of the Defendant’s vehicle, and proceeded as it is, and shocked the seat at the entrance of

(hereinafter “instant accident”). C.

On May 31, 201, the Plaintiff disbursed KRW 2,686,00,00 as compensation for the substitute damage to the Plaintiff’s vehicle, and KRW 1,830,000,00 in total as compensation for the tombstones at the entrance of the village destroyed by the instant accident on June 16, 2011.

2. The parties' assertion

A. The accident of this case is caused by the Defendant’s gross negligence, such as the central course, the violation of the method of overtaking, the violation of speed and safety distance, and the unlicensed driving, etc. of the central line, which occurred while the Defendant’s vehicle was in transit with the central line for the purpose of overtaking.

However, by paying KRW 2,686,00 as insurance money, the defendant is exempted from the liability for damages.

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