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(영문) 서울중앙지방법원 2015.02.06 2014나9976
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the KTrens Co., Ltd. (hereinafter “Plaintiff”) with respect to B automobiles, and the Defendant is the operator of the Defendant-registered CT100 Oba (hereinafter “Defendant Oba”).

B. Around 16:00 on February 17, 2013, the Defendant driving the Defendant Orab, and driving the Defendant Obaba, leading a one-lane road in front of the Geumjin-dong Geumdong-dong Geumdong-dong, Geumdong-dong, Geumdong-dong, Geumdong-dong, to the former KBS bank face, and led to a shooting distance without signal lights (hereinafter “the instant private distance”).

At the time, the passenger protection zone in front of the Jeonjuam Elementary School (limited speed is 30 km per hour, and a crosswalk without signal, etc. is installed) runs from the old KBS bank to 31 km or 40 km per hour over the speed limit from the old KBS bank's main surface, and there was a vehicle for the plaintiff to pass the private distance of this case directly, the defendant left the private distance of this case to the right after the aftermath of the Jeonjuam Elementary School and stopped immediately before the collision with the plaintiff.

At the time, the driver of the Plaintiff’s vehicle discovered the Defendant Oraba and immediately avoided to the right, but it did not reach the right, and the front part of the Plaintiff’s vehicle and the front part of the right side of the Defendant Orabab.

(hereinafter referred to as “the primary accident”). Afterwards, the part of the rear part of the C Freight Vehicle (hereinafter referred to as “victim”) which was parked on the front side while continuing in the future and passing through the instant private distance was concealed into the front part of the Plaintiff Vehicle (hereinafter “the second accident”), and due to the shock, the damaged vehicle was pushed back to the front part of the damaged vehicle, and the rear part of the D Freight Vehicle parked on the front part of the damaged vehicle was concealed into the front part of the damaged vehicle.

The third accident is called ‘the third accident'.

A) If the situation at the time of the instant accident is indicated as a picture, a traffic accident report (2) (2) shall be based on the actual condition survey report.

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