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(영문) 서울남부지방법원 2016.01.28 2015나55231
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. Facts of recognition;

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

B. At around 20:00 on September 27, 2014, the Defendant’s vehicle proceeded with three lanes, which are straighten lanes in the direction of the elderly welfare center in the direction of the dialogue village in the direction of the above intersection in the direction of the above intersection in the direction of the dialogue village, and the Plaintiff’s vehicle driven directly using the four-lanes, a straightened and right-passed lane, caused an accident (hereinafter “instant accident”).

C. On November 27, 2014, the Plaintiff paid KRW 4,000,000 as the repair cost of the Plaintiff’s vehicle for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, Eul evidence No. 1-1, 2, Eul evidence No. 2-3 through 5, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant accident was caused by the gross negligence of the Defendant’s vehicle that was immediately bypassing the Plaintiff’s vehicle, which was driven by the four-lanes, the straightened and the right-passed lane, from the three-lanes, the Defendant is obligated to pay to the Plaintiff the amount of indemnity to the Plaintiff, 4,000,000 won, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 28, 2014 to January 19, 2015, the day following the delivery date of the copy of the instant complaint, and from the next day to the day of full payment.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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