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(영문) 서울중앙지방법원 2015.09.03 2014나35968
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 concluded a comprehensive motor vehicle insurance with respect to a vehicle A (hereinafter “Plaintiff’s vehicle”) with respect to a vehicle B car (hereinafter “Defendant’s vehicle”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to the vehicle B car.

B. On August 10, 2013, at around 14:25, C was driving a vehicle on the Plaintiff’s side, and was proceeding to enter the front side of the commercial Dong-dong modern department store in Bupyeong-gu, Seocheon-gu to the direction of Incheon in the outer circulation, and caused an accident of contact with the Defendant’s vehicle in the same direction (hereinafter “instant accident”).

C. On September 24, 2013, the Plaintiff paid insurance proceeds of KRW 2,252,080 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that the accident of this case occurred on the same level as the negligence of both parties, while the defendant asserts to the effect that the negligence of the plaintiff is larger than that of the plaintiff.

3. Comprehensively taking account of the overall purport of the pleadings as to the images with Gap evidence Nos. 4, 5, 4, 5, and 6, the place where the accident in this case occurred is a section where the two lanes between two lanes and three lanes with the same width are lost as shown in the attached field photographic image, and the vehicle on the part of the defendant was two lanes for the vehicle on the front side, and the vehicle on the part of the plaintiff was three lanes from the front side of the vehicle on the part of the defendant, and the vehicle on the part of the plaintiff was proceeding in three lanes for the vehicle on the front side of the vehicle on the front side. At the point where the vehicle between the two lanes has ceased, the vehicle on the part of the plaintiff on the front side was driven by gas on the front side of the vehicle on the left side of the plaintiff, and the collision part of both vehicles can be recognized that the front side of the vehicle on the left side of the plaintiff on the front side and the front side of the vehicle on the side after the front side of the defendant.

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