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(영문) 서울중앙지방법원 2015.09.18 2015나19741
손해배상(자)
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 defendant is an insurer who entered into an automobile insurance contract between B and C with respect to the vehicle C owned by B (hereinafter referred to as the "Defendant vehicle"), and the plaintiff is the driver of D vehicle (hereinafter referred to as the "Plaintiff vehicle").

B. B, around 09:50 on November 11, 2012, while driving the Defendant’s vehicle under the influence of alcohol with a 0.058% alcohol content at a level of 0.058%, the part of the part of the Plaintiff’s vehicle was shocked toward the front part of the Defendant vehicle while driving at a point of 106.8 km in the direction of the Sinung-dong at a point of 106.8 km in the direction of the Sinung-dong in the Sinung-dong in the city of Sinung-dong, and thereby, the Plaintiff suffered injury, such as cerebral, etc., from the Plaintiff.

(hereinafter referred to as the "accident in this case"). 【No dispute exists, Gap evidence 4, Eul evidence 8 (including branch numbers that have a provisional number), and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's accident of this case shall proceed to the right side of the road in order to enter the Western Highway, which is the location of the accident of this case. The plaintiff's accident of this case occurred due to the driver's unilateral negligence of the defendant's driver, since the accident of this case occurred because the plaintiff, who is the insurer of the defendant's vehicle, is liable to compensate the plaintiff for the damages suffered by the plaintiff.

B. The instant accident occurred when the Plaintiff, who driven the Plaintiff’s vehicle according to the three-lanes of the instant road, which is an exclusive motorway, rapidly changed the four-lanes to enter the Western Highway, thereby obstructing the passage of other vehicles while entering the four-lane along which the Defendant’s vehicle is running.

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