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(영문) 서울중앙지방법원 2017.10.25 2017나27906
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with C Freight Vehicles (hereinafter “Defendant”).

B. On November 23, 2016, the driver of the Defendant vehicle driven the Defendant vehicle and driven along the two-lanes on the street in front of the Yacheon-dong of Busan, Seocheon-gu, Busan, along with a view to changing the vehicle from the same road to the two-lane, while the driver of the Defendant vehicle stops along the side of the Plaintiff vehicle that was stopped in order to change the vehicle from the same road to the two-lane, and the part on loading the left cargo of the Defendant vehicle shocked the right side of the Plaintiff vehicle with the part on loading the left cargo.

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

On December 12, 2016, the Plaintiff paid KRW 610,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle who shocked the plaintiff vehicle while driving along the two lanes at the site of the accident in this case, changing the two lanes rapidly to the three lanes and changing the two lanes to the left-hand side.

In this regard, the defendant argued that the accident of this case occurred due to the negligence of the driver of the plaintiff's vehicle since the plaintiff's vehicle stopped along the two-lanes from the first to the second-lanes, while the plaintiff's vehicle driven along the two-lanes, and that the accident of this case occurred by protruding to the right side side and protruding to the second-lanes.

나. 판단 살피건대, 위 각 증거 및 변론 전체의 취지에 의하여 인정되는 다음과 같은 사정, 즉, 원고 차량은 1차로에서 2차로로 차선을 변경하기 위하여 2차로 방향으로 붙어서 우측 방향지시등을 켠 채 피고...

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