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(영문) 대구지방법원 2020.10.29 2019나321885
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Csi (hereinafter “Plaintiff”), and the Defendant is an insurer that has entered into a motor vehicle insurance contract with D Passenger Vehicles (hereinafter “Defendant”).

B. On September 10, 2018, around 09:10, the Plaintiff’s vehicle was straight along the two lanes in the second two-lanes of water supply facilities in the Daegu-gu Two-lane market. In the course of the process of moving off the Defendant’s vehicle from the back road located in Seogu-gu E to the said two-lane and finding out the Defendant’s vehicle entering the said two-lane, and changing the said two-lane into the one-lane to avoid collision, the conflict with the FF driver’s G car (hereinafter “victim’s vehicle”).

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

On February 15, 2019, the Plaintiff paid KRW 2,167,00 at the repair cost of the damaged vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s vehicle entered from the Plaintiff’s lawsuit had a duty of care to check whether the vehicle is safe by stopping, the Defendant’s vehicle entered as it violated this duty. The Plaintiff’s vehicle could not have predicted the Defendant’s vehicle in advance. Moreover, the distance between the Plaintiff and the Defendant’s vehicle was about 30 meters at the time, and the Plaintiff’s vehicle inevitably changed the vehicle line to the first lane at the same time with the Defendant’s vehicle without a direction direction etc. in order to avoid a collision with the Defendant’s vehicle.

Therefore, the instant accident occurred due to the total negligence of Defendant vehicle, and even if not, in light of the aforementioned circumstances, the negligence of Defendant vehicle involved in the instant accident is at least 80%.

B. The Defendant’s instant accident entered the road while driving along the Defendant’s vehicle, and the Plaintiff’s vehicle discovered it.

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