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(영문) 서울중앙지방법원 2016.01.21 2014나66467
구상금
Text

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to the B cargo vehicle B (hereinafter “Defendant vehicle”).

B. At around 20:05 on July 4, 2014, C, while driving the Plaintiff’s vehicle in Pyeongtaek-si D and driving the Plaintiff’s vehicle along the three-lane two lanes from the air bombs, C tried to avoid the Defendant’s vehicle changing the lane from the first lane to the third lane from the air bombs. As such, C had shocked the guard day on the right side of the road.

(hereinafter “instant accident”). C.

On September 19, 2014, the Plaintiff paid KRW 484,00 as insurance money.

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading

2. The plaintiff asserts that the accident of this case was entirely caused by the negligence of the driver of the defendant vehicle.

The defendant asserts to the effect that the plaintiff driver was negligent.

3. In full view of the purport of the entire pleadings, the Plaintiff’s vehicle is proceeding one lane, taking into account the written evidence Nos. 4 through 7, Eul’s evidence Nos. 1 and 2 (including each number, if any).

The approach to the right side of the proceeding is found late and the lane is changed to the three-lanes, and the driver of the defendant vehicle C is driving three lanes from the later side.

Plaintiff

In order to avoid the vehicle, the driver of the Defendant vehicle who operated the steering system to the right side while operating the steering gear to avoid the vehicle, and received the guard day. The speed of the Plaintiff vehicle immediately preceding the instant accident is 61-70km per hour, the speed of the Defendant vehicle is 71-80km per hour, and the speed of the Defendant vehicle is 70km per hour or less per hour. According to the above facts, according to the above facts, the instant accident is the negligence of the Defendant vehicle driver who proceeded from the first to the third lane without properly examining the rear side.

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