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(영문) 대구지방법원 2017.11.03 2017나309416
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

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the B low-priced vehicle owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract for C Costaex vehicle (hereinafter “Defendant vehicle”).

B. On October 7, 2016, around 07:54, the driver of the Defendant vehicle driven the said Defendant vehicle while travelling along to the one-lane of the road adjacent to the YY-gu, Chungcheongnam-do (hereinafter “instant road”) in the vicinity of the port of port at the port of port (hereinafter “the instant road”), caused an accident where the instant accident was caused by shocking the Plaintiff vehicle’s front glass, front wheeler, etc. (hereinafter “the instant accident”).

C. On November 14, 2016, the Plaintiff paid insurance proceeds of KRW 1,034,50 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

With respect to the instant accident, the Plaintiff filed a petition for deliberation with the committee for deliberation on the indemnity fee, and the committee for deliberation on indemnity fee determined that the Plaintiff’s failure to secure the safety distance of the Plaintiff’s driver in relation to the instant accident was recognized, 30% of the negligence of the Plaintiff’s vehicle and 70% of the negligence of the

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the total negligence of the Defendant’s driver who neglected his duty at the time of Jeonju, and thus, the Defendant is obligated to pay the Plaintiff the above KRW 1,034,50, and the damages for delay that the Defendant paid to the Plaintiff. (2) The Defendant’s vehicle confirmed the abortion on the instant road.

However, considering the fact that the accident place is an exclusive road for automobiles, if the defendant's vehicle was boomed in order to avoid abortions, it could cause more accidents.

Therefore, the accident of this case is concerned.

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