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(영문) 부산지방법원 2018.02.01 2016나54404
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. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B (hereinafter “Defendant vehicle”).

B. At around 17:06 on March 16, 2016, the Defendant’s vehicle driven the two lanes prior to the D cafeteria located in Ulsan-gun, Ulsan-gun, in the direction of the direction of the Defendant’s vehicle, and led bypassing it from the direction of the direction of the direction of the vehicle, the part of the Defendant’s vehicle, which attempted to enter the road along which the Defendant’s vehicle would pass, was shocked with the front side of the right side of the Defendant’s vehicle.

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

The instant accident site is a location that combines the road along which the Plaintiff’s vehicle is running on the road along which the Defendant’s vehicle is running, and is an area where the right side is possible due to the road located in the direction of the Defendant’s vehicle in the direction of three-clock direction.

On March 24, 2016, the Plaintiff paid KRW 10,586,90 of the insurance money as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 6 and images, fact inquiry and reply to the Ulsan District Police Station at the court of the relevant trial, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s instant accident is an accident that occurred by the Defendant’s vehicle with the wind that the Defendant’s vehicle moves ahead of the right of way to the right of way in a zone where the right of way is prohibited. Thus, the Defendant’s vehicle’s

B. The point where the instant accident occurred is not an area where the right ofpass is not impossible, and even as the driver of the Plaintiff’s vehicle, he was negligent in neglecting his duty of care to safely drive by checking the right and the right in the joint stream section, and thus, the instant accident occurred by the negligence of the Plaintiff and the Defendant’s vehicle.

3. In full view of the purport of the entire pleadings as seen earlier, the instant accident is the Plaintiff.

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