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(영문) 부산지방법원 2015.07.01 2014나47068
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A as to the B-owned vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with C (hereinafter “Defendant”).

B. On August 26, 2013, the Plaintiff’s vehicle was in contact with the Defendant’s vehicle located near the right-hand side of the road while proceeding the road near the center center of the upstream-si, Yangsan-si, and thus damaged the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Plaintiff paid KRW 1,784,250 to A at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The instant accident occurred while entering the Defendant’s lane out of the road along which the Plaintiff’s vehicle is proceeding along the road. As such, the Defendant is obligated to pay to the Plaintiff KRW 1,784,250 and damages for delay on the part of the Defendant’s driver, since the instant accident occurred by the former negligence of the Defendant’s driver.

B) Even if the Defendant’s vehicle stopped, the instant accident occurred due to the negligence that caused the instant accident, which occurred due to the negligence that occurred while stopping the white stop line indicating road boundaries, the Defendant is obligated to pay to the Plaintiff an amount calculated according to the percentage of negligence. 2) The Defendant’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s driver on the front-time parking, resulting in the collision of the Defendant’s vehicle parked, and thus, the Defendant did not have any obligation to comply with the Plaintiff’s claim for indemnity.

B. The following facts are acknowledged based on the overall purport of the argument before the instant accident occurred.

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