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(영문) 대구지방법원 2015.11.26 2015가단20435
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. A, around 08:20 on December 7, 2014, driving a rocketing vehicle at B, and driving a one-lane of 74-lane C and D, which walked from the point to the same room on the left side of the opposite side of the two-lane, with the speed of 74-lane in North-gu, North-gu, North-gu, North-do, North-do, the Bank of Korea (hereinafter “instant accident”). On the other hand, C and D, walking at the same room on the left side of the said vehicle, have caused an accident of collision with the upper part of the left side of the said vehicle (hereinafter “instant accident”).

The road in which the accident in this case occurred is a flat straight line without a slope. At the time of the accident, one motor vehicle was parked on the right side and three motor vehicles on the left side on the road side after the point of the above collision, but there was no particular element to obstruct the driver's camping.

B. As an insurer of the foregoing vehicle, the Plaintiff paid KRW 19,91,360 to C, the victim of the instant accident, and KRW 68,537,350, respectively.

[Grounds for recognition] Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred on the road that driven along a road due to a vehicle parked in violation of the yellow line on the street side of the point where the instant accident occurred. The instant accident occurred on the wind that the Defendant failed to properly manage the illegal parking vehicle and left alone on the road rather than on the street. As such, the Defendant is liable to compensate the victims for damages as prescribed in Article 758 of the Civil Act and Article 5 of the State Compensation Act. As such, the Defendant shall pay to the Plaintiff the amount equivalent to 30% of the Defendant’s fault ratio out of the amount the Plaintiff paid to the victims.

3. According to the facts acknowledged prior to the determination, the instant accident occurred during the week in the straight line where illegal parked vehicles have already been parked and the field of view has been secured, and A returned to the normal driving lane prior to the instant accident, or took the front line, and the opposite lane.

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