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(영문) 수원지방법원 2016.10.20 2016나51207
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A and B (hereinafter “Plaintiff”) as the insured, and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C and D (hereinafter “Defendant”).

B. A, around 08:00 on October 10, 2014, driven the Plaintiff’s vehicle on the 2nd line, the right side of the Defendant’s vehicle, which entered the left side, by driving the Plaintiff’s vehicle on the 2nd line near the west-dong, Seocheon-dong, Seocheon-si, U.S., and used the 2nd line. On the left side of the vehicle exclusively used for the left-hand turn, a change from the left side of the vehicle to the vehicle driving by the Plaintiff’s vehicle.

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

From November 21, 2014 to December 3, 2014, the Plaintiff paid KRW 3,950,080,080 to A, in accordance with the comprehensive automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, Gap evidence Nos. 2, 3, 4, 7, and 8, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. On the left left line of the Plaintiff’s assertion, the Defendant’s vehicle in the atmosphere changed from the two-lane straight line to the two-lane straight line, and contacted the front side of the Non-Party E (hereinafter “Non-Party E”) who was waiting prior to the Defendant’s vehicle, and subsequently, contacted the Plaintiff’s vehicle continued to enter the two-lane, and caused the instant accident. Thus, the instant accident was caused by the Defendant’s unilateral negligence, which is the driver of the Defendant vehicle, and the Plaintiff sought payment of the insurance money of KRW 3,950,080 paid to A against the Defendant, who is the insurer of the Defendant vehicle, pursuant to Article 682 of the Commercial Act, and delayed payment thereof.

B. According to the facts based on the Defendant’s indemnity liability, C, the driver of the Defendant’s vehicle, enters the first line from the second line to the second line, and proceeds from the next line.

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