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(영문) 전주지방법원 2020.07.22 2019나6709
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. With respect to Csi (hereinafter “Plaintiff-vehicle”), the Defendant is a mutual aid business entity that entered into a car mutual aid agreement with respect to Dsi (hereinafter “Defendant-vehicle”).

B. Around 16:00 on March 25, 2018, the Plaintiff’s vehicle driven the road front of the F University E, in the middle of the distance from G University to yellow light, and the Defendant’s vehicle preceding the two-lane in the same direction attempted a Uton, and caused an accident attributable to the left side of the Plaintiff’s vehicle in front of the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On April 3, 2018, the Plaintiff paid KRW 1,100,000,00 as the agreed money for the passengers of the Plaintiff’s vehicle, and KRW 741,480,00 as the said passenger treatment expenses, on May 16, 2018.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, each entry or video (including provisional number), the purport of the whole pleadings

2. Determination

A. In full view of the fact that the Plaintiff’s vehicle was liable for damages and the overall purport of the arguments on the evidence as seen earlier, the Plaintiff’s vehicle was under normal progress in the first lane, whereas the Defendant’s vehicle attempted to make an illegal internship while proceeding two lanes at a place where U.S. is not permitted, and the instant accident appears to have occurred while the Plaintiff’s vehicle, which was behind the Plaintiff’s vehicle, is difficult to view that the Plaintiff’s vehicle driver, who was driving, was expected to have a duty of care to drive the vehicle in the second lane, even when the vehicle would have been in an illegal internship

On the other hand, the Defendant alleged that the instant accident occurred that the Plaintiff’s vehicle would overtake the Defendant’s vehicle to the left-hand side. However, according to each of the above evidence (in particular, according to the Plaintiff’s black image at the time of the accident), the Plaintiff’s vehicle was driving with the vehicle carrying the vehicle, but the Defendant’s vehicle was self.

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