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(영문) 서울중앙지방법원 2016.11.30 2016나46276
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. On December 11, 2015, around 19:06, the Plaintiff’s vehicle: (a) went to the entrance of a pan-du apartment (consected front of the 1476-24 master apartment) while driving in two-lanes from the duc apartment room to the duc apartment room; and (b) without turning on the direction direction direction to proceed again into the duc apartment, the direction direction direction side to the right side of the Defendant’s vehicle, changing from one lane to two lanes; and (c) the back side of the Defendant’s vehicle driving in the luc apartment room to the luc apartment. Accordingly, the Defendant’s driver was injured.

(hereinafter “instant accident”). C.

On January 28, 2016, the Plaintiff paid the insurance proceeds of KRW 690,600 to the above D under the name of medical expenses and agreement for the instant accident.

[Based on recognition] The items of Gap evidence 1 to 5, Eul evidence 1 to 4 (including paper numbers), the purpose of the whole pleadings

2. The assertion and judgment

A. The plaintiff argued by the parties that the accident of this case occurred in the situation that the defendant vehicle driven along the first lane, while passing through the second apartment distance in front of the two-lanes at the site of the accident of this case, and the vehicle of this case cannot be seen as the defendant vehicle with the left side of the plaintiff vehicle. If the defendant vehicle continued to go on the second lane, if the accident itself did not occur and the vehicle of this case was driven on the second lane, the vehicle of this case was discovered through the left side of the vehicle of this case and sent the defendant vehicle first and entered the road of this case.

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