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(영문) 대전지방법원 2016.09.28 2016가단201644
청구이의
Text

1. The Defendant’s decision on performance recommendation for the claim for reimbursement of Daejeon District Court 2015Gaso80318 against the Plaintiff was based on the Daejeon District Court.

Reasons

1. Basic facts

A. The Plaintiff is the insurer of B-Motor vehicles owned by A (hereinafter “Plaintiff”) and the Defendant is the insurer of C-driving D-Motor vehicles (hereinafter “Defendant vehicle”).

B. On October 22, 2015, at around 13:40, the Defendant’s vehicle was moving to the right side of the Plaintiff’s vehicle, which was left left to the left from the third line on the left side from the luxical slope to the front side of the Defendant’s vehicle (hereinafter “instant accident”), while the Defendant’s vehicle was moving to the front side of the Defendant’s vehicle from the remote village distance in Seo-dong, Seo-gu, Daejeon.

C. The Defendant spent KRW 802,100 for the repair cost of the Defendant’s vehicle following the instant accident.

The Defendant asserted that the fault ratio of the Defendant’s vehicle and the Plaintiff’s vehicle is 6:4,00 won (=802,100 won x 0.4) corresponding to the Plaintiff’s fault ratio among the above repair cost, filed a lawsuit for reimbursement reimbursement of KRW 2015Da80318 of this Court. The decision was finalized because the Plaintiff did not raise an objection within the objection period against the decision of performance recommendation made by this Court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The party's assertion and judgment

A. The plaintiff's assertion that "the vehicle moving ahead is not likely to obstruct the passage of the vehicle driving under the new subparagraph. However, the defendant's fault of the defendant's vehicle is at least 80% since the defendant's access to the intersection is unreasonable without disregarding the plaintiff's vehicle, resulting in the accident of this case." The defendant's "the driver of all the vehicles shall turn to the left at the intersection along the center line of the road in advance, and turn to the left at the center of the intersection. However, since the plaintiff's vehicle was at fault of entering the road immediately immediately after the left to the right, the plaintiff's vehicle is at fault of entering the outside and making a turn to the right.

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