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(영문) 서울중앙지방법원 2016.05.26 2015나53178
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to Achip vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B Achip vehicle (hereinafter “Defendant vehicle”).

B. At around 13:30 on November 30, 2014, C driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle on the left side of the Defendant’s vehicle which temporarily stops in order to turn to the right to the right to the right to the right from the upper ambrid 4-lane from the upper ambalon surface of the Plaintiff’s vehicle in front of the left side of the Plaintiff’s vehicle, and driving the upper ambane 45-lanes of the entrance of the KBS media center to the upper ambalon surface of the amb.

(hereinafter “instant accident”). C.

On January 2, 2015, the Plaintiff paid insurance proceeds of KRW 328,000 at the cost of repairing the Plaintiff’s vehicle.

[Based on Recognition] Each entry or video of Gap evidence 1 through 6 (including paper numbers), Eul evidence 1 and 2

2. The parties' assertion and judgment

A. The plaintiff asserted that, while the plaintiff's vehicle was moving to the KBS media center, the defendant's vehicle entered the opposite part as the center line was invaded and shocked the plaintiff's vehicle. Thus, the defendant is obliged to pay the insurance proceeds paid by the plaintiff to the plaintiff in relation to the accident of this case caused by the unilateral negligence of the defendant's vehicle running in the central line as above.

In this regard, the defendant, in order to turn to the left on the 4th page of the upper ampic World Cup in which the defendant's vehicle illegally parked on the two-lanes right side of the proceeding direction, only the rear wheel part was in temporary stop in a state where the center line is over several congested, and the plaintiff's own vehicle is moving to the opposite side.

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