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(영문) 서울중앙지방법원 2018.03.21 2017나76700
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B cab (hereinafter “Defendant”).

B. On September 22, 2016, around 09:27, the Plaintiff’s vehicle is driving four-lanes of the four-lane road in front of the Jeju Special Metropolitan City Nowon-gu station.

On the right side of the Defendant’s vehicle, which was parked at the port of entrance of the said station, to enter the port of the said station, and to the right side of the said station while going to the port of entry, received the front side of the said vehicle.

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

On September 29, 2016, the Plaintiff paid KRW 873,080 as repair cost, and KRW 1,642,460 as medical expenses from October 5, 2016 to November 25, 201.

【Ground of recognition】 The fact that there is no dispute, Gap 1-4 evidence, Eul 1-5 evidence, and the result of this court’s verification of video CD, the whole purport of the pleading

2. Summary of the parties' arguments

A. The accident in this case occurred between the negligence of the driver of the plaintiff vehicle and the negligence of the driver of the defendant vehicle, and the negligence ratio is 30% on the part of the plaintiff vehicle and 70% on the part of the defendant vehicle.

B. The driver of the Plaintiff’s vehicle did not go through the upper right side of the road (see Article 13(3) of the Road Traffic Act), but did not go through the upper right side of the road (see Article 13(3) of the Road Traffic Act). ② The Plaintiff’s driver of the Plaintiff’s vehicle, who is the Plaintiff’s driver of the Plaintiff’s vehicle moving to the right side of the road to the intersection, should not go through the right side of the road (see Article 25(1) of the Road Traffic Act). However, the Plaintiff’s driver did not go to the right side of the road (see Article 31(1)4 of the Road Traffic Act).

The instant accident is entirely caused by the negligence of the driver of the Plaintiff’s vehicle, and the fault ratio on the part of the Defendant’s vehicle is 0%.

3. Prior to the determination.

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