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(영문) 대구지방법원 2015.11.10 2014가단128851
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with Nonparty A regarding B (hereinafter “Plaintiff”) and the Defendant is the insurer who entered into the automobile insurance contract with Nonparty C (hereinafter “Defendant vehicle or the instant cleaning vehicle”).

B. At around 02:30 on August 22, 2012, Nonparty D, driving the Plaintiff’s vehicle, proceeding in front of the Daegu Southern-gu Esing line from the front negative distance room to the Young-gu Esing plane, and, among three-lanes, Nonparty D did not discover the Defendant’s vehicle temporarily stopped in order to remove waste left on the right-hand side of the said road from the third-lanes, and did not conflict with the part of the front part of the Plaintiff’s vehicle with the rear loaded part of the Defendant’s front part.

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

In the instant accident, F was injured by the Plaintiff, and the Plaintiff paid insurance proceeds of KRW 101,632,840 to the said victim with regard to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's driver of the defendant vehicle's assertion that the vehicle stops at night for garbage collection, using headlights, sidelights lights, tail lights, etc. and other lights, and as such, vehicles, etc. may not easily see due to garbage, etc., the vehicle driver's vehicle's vehicle's vehicle that stops or parks without all lights at the time of the accident, and even though the vehicle's stopping and parking are prohibited within 10 meters from the bus stop, the vehicle driver's negligence in the above negligence and the driver's negligence of the plaintiff vehicle's vehicle's driver are concurrent, and the defendant is out of the insurance proceeds paid to the plaintiff.

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