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(영문) 서울중앙지방법원 2015.12.04 2015나14128
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the purpose of the entire pleadings at the entries or images of Gap evidence 1 to 4, and Eul evidence 3:

With respect to Ai30 Passenger Vehicles (hereinafter referred to as the “Plaintiff”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with respect to B ready-mixed Vehicles (hereinafter referred to as the “Defendant”).

B. Around 09:00 on July 1, 2014, the driver of the instant vehicle driving the Defendant vehicle and driving it along the two-lanes of the two-lane road (hereinafter “instant road”) in front of the construction site of the apartment complex, who is a single transferee of the area 3-3 area in Geumcheon-nam-si, in order to reach the right-hand intersection (hereinafter “instant intersection”), and the part on the left-hand side of the Plaintiff vehicle driving directly along the two-lanes of the instant road was shocked by the front side of the right-hand side of the Defendant vehicle.

(hereinafter referred to as the “instant accident”). C.

By September 23, 2014, the Plaintiff paid insurance proceeds of KRW 4,669,850 in total with the Plaintiff’s automobile repair cost and parts cost due to the instant accident.

2. Assertion and determination

A. The Plaintiff’s assertion 1) The instant accident occurred due to the unilateral negligence of the Defendant’s driver who shocked the Plaintiff’s vehicle running along the two-lanes without using the direction direction light on the two-lanes of the instant road. Therefore, the Plaintiff has the right to claim the full amount of the insurance money paid by the Plaintiff to the Defendant, the insurer of the Defendant’s vehicle, and the compensation for its delay. (ii) The Defendant’s vehicle seeking to overtake is unable to overtake other vehicles at the intersection under the Defendant’s Road Traffic Act, and the vehicle seeking to overtake should pass to the left side of the vehicle. At the time of the instant accident, the Plaintiff’s vehicle came to reach the right side of the Defendant’s vehicle.

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