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(영문) 대전지방법원 2016.04.08 2015나107722
구상금
Text

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the BW car owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to DMW car owned by C (hereinafter “Defendant vehicle”).

B. At around 09:25 on January 27, 2015, C, while driving the Defendant vehicle and driving the three-lane road in front of the Education Museum located in Daejeon-dong, Daejeon, C continued to pass through the intersection by straighting the left at the intersection depending on the one-lane on which the left turn is marked on the surface.

C, while driving a plaintiff vehicle between the first and second lanes on the front side of the defendant vehicle, C discovered and stopped a taxi which stops in the second two-lane, and the left side of the plaintiff vehicle was shocked by the front side of the defendant vehicle.

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

On April 14, 2015, the Plaintiff paid KRW 340,000 for the repair cost of the Plaintiff’s vehicle to A as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 2-1 to 9, video, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to negligence that caused the Plaintiff’s failure to take place in the front direction while driving in the front direction of the Plaintiff’s vehicle while driving in the front direction. The Defendant is obliged to pay the Plaintiff the indemnity amounting to KRW 340,000 equivalent to the total amount of the insurance proceeds paid by the Plaintiff, and the damages for delay from April 14, 2014.

B. The Defendant’s assertion that the vehicle of the Plaintiff is changing from the two lanes to the one lane, without turning the direction, etc., and is proceeding between the one lane and the two lanes.

Since the accident occurred due to the negligence of a sudden stop, the negligence of C and A, which is the driver of the defendant vehicle, are concurrent.

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