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(영문) 대전지방법원 2017.03.31 2016나109299
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. The following facts may be found either in dispute between the parties or in full view of the respective descriptions, images, and arguments set forth in Gap evidence Nos. 1, 2, 3, 5, 6, and Eul evidence No. 1 (including additional numbers), and the whole purport of the arguments:

On January 29, 2016, on January 16:15, 2016, if Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, is the intersection front of the post office, and at the outside one of the 1st century, A Lone Star car (hereinafter referred to as the "Plaintiff vehicle") intended to make a right-hand from the outside one of the Cheongju-si to the right-hand side of the Cheongju-si, and BB-G vehicle behind the Plaintiff vehicle (hereinafter referred to as the "Defendant vehicle") led to a traffic accident that conflicts between the chief part of the Plaintiff vehicle and the left-hand part of the Defendant vehicle (hereinafter referred to as the "instant traffic accident").

B. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Plaintiff’s vehicle, and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant vehicle.

C. On March 25, 2016, the Plaintiff paid KRW 465,500 for the repair cost of Plaintiff’s vehicle as insurance proceeds.

2. The plaintiff's assertion that the traffic accident in this case occurred by the defendant vehicle following the plaintiff vehicle, the plaintiff's vehicle behind the plaintiff vehicle, and the plaintiff's vehicle, leaving the cre in a temporarily parked speed to the right side of the other plaintiff vehicle in order to make a right-hand through the intersection, and shocking the plaintiff vehicle that was making a right-hand at the same time, and thus, the traffic accident in this case occurred due to the whole negligence of the defendant vehicle. The plaintiff claimed that 465,500 won paid at the repair cost of the plaintiff vehicle and damages for delay.

As to this, the defendant, at the time when the plaintiff's vehicle stops immediately before the intersection, had a space to the right side of the plaintiff's vehicle to the extent that other vehicles are allowed to enter the right side of the road, so the plaintiff's vehicle has been bypass without neglecting the duty of care to make a right side while driving along the road.

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