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(영문) 서울중앙지방법원 2017.03.21 2016나56440
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the automobile insurance contract for the automobile C owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is the operator of the D vehicle (hereinafter “Defendant”).

B. On February 11, 2015, the Plaintiff paid KRW 1,807,00,000 to B, who is the policyholder of the Plaintiff’s vehicle, with respect to the vehicle repair cost incurred as follows (hereinafter “instant accident”).

On December 19, 2014, the date and time of the accident: On December 19, 2014, the location of the accident: On the road of the two-lane in front of the Fmat in Seoyang-gu E in Yangyang-gu: The defendant vehicle is driving at the above time and at the above location, the speed of 20 to 30km in the direction of the city in the direction of the Western middle school, depending on the one-lane of the above road, and the plaintiff vehicle was forced to enter the safety zone where entry is prohibited beyond the center line in the course of overtaking the vehicle to the left line. At the time, the plaintiff vehicle driven along the one-lane of the above road in front of the defendant vehicle at the end of the Mapo-gu, the vehicle that was driven by the defendant vehicle at the right edge of the vehicle at the end of the vehicle at the time is turned back to the safety zone where the direction of direction, etc. is not turned to the left line of the vehicle of the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the occurrence of liability for damages and the above fact of recognition, the accident of this case not only entered the safety zone prohibited from entering under the Road Traffic Act, but also did not accurately operate the steering gear and brakes in the process, and the vehicle situation of the vehicle in which the driver of the defendant vehicle failed to turn on the direction direction, and the vehicle situation of the vehicle to enter while changing the direction direction rapidly.

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