(영문) 대구지방법원 2015.03.26 2014나16355

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.03.26 2014나16355

구상금

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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 a comprehensive automobile insurance contract with A with respect to the vehicle B (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C with respect to the D Cost Star vehicle (hereinafter “Defendant vehicle”).

B. At around 13:00 on September 30, 2013, the Defendant’s vehicle proceeded in the direction of e company distance between two lanes near south-gu E E in the direction of port and turn back to the left at the port of port at the intersection near F. The Defendant’s vehicle’s left part as the front part of the left part of the Defendant’s vehicle at the port of port at the port of port at the intersection near F. In short, the two-lanes of the E company’s two-lanes of the two-lane of the two-lane of the two-lane of the foregoing direction of the port of port.

(hereinafter referred to as “instant accident.” If the situation at the time of the instant accident is indicated as a picture, it is as indicated in the attached Form No. 540, the drug map of the scene of the accident (Ma1 is the Defendant vehicle, and Ma2 is the Plaintiff vehicle).

C. From October 17, 2013 to November 14, 2013, the Plaintiff paid KRW 3,234,020 to the said A at the repair cost of the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The parties' assertion

A. Since the instant accident, which caused the Plaintiff’s claim, occurred by the total negligence of the Defendant’s vehicle, the Defendant is obligated to pay KRW 3,234,020, which is the full repair cost, to the Plaintiff.

B. The fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle in relation to the instant accident ought to be 50%:50%. Thus, the Plaintiff’s claim against the amount exceeding the fault ratio of the Defendant’s vehicle out of the above repair cost cannot be complied with.

3. Determination

A. The following circumstances, i.e., the facts of recognition, evidence Nos. 7, and evidence Nos. 1 to 3 added to the whole purport of the pleading.

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