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(영문) 서울중앙지방법원 2015.09.17 2014나40342
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 entered into a comprehensive automobile insurance contract with respect to the ANAS car (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a separate automobile insurance contract with respect to B 5 automobiles (hereinafter “Defendant”).

B. At around 13:40 on July 17, 2013, the Defendant’s vehicle: (a) was moving the distance of the two Jin apartment, which is located in the Haak-gu, Young-gu, Young-gu; (b) was moving the distance from the surface of the two Jin apartment to the surface of the water source to the surface of the water source; (c) was driving directly from the surface of the water source to the surface of the water source to the surface

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

On August 29, 2013, the Plaintiff paid insurance proceeds of KRW 1,442,470 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The plaintiff of the parties asserts that since the accident of this case occurred due to the negligence of the driver of the defendant's vehicle, the defendant should pay the full repair cost.

The defendant asserts that the negligence of the driver of the vehicle on the plaintiff also contributed to the occurrence of the accident in this case.

3. In full view of the purport of the pleadings as a whole, the Plaintiff’s vehicle is going to go through the intersection by straight lines and almost passing through the intersection. The Defendant’s vehicle attempted to enter the intersection by straight lines. The part of the collision between the two vehicles can be found to be the front right side of the Plaintiff’s vehicle, the rear even part, and the front part of the left side of the Defendant’s vehicle and the front part of the collision. In light of the location of the two vehicles at the time of the accident as above and the part of the collision, it is reasonable to deem that the instant accident was caused by negligence, without sufficiently examining the situation of the two vehicles by the Defendant’s vehicle’s driver entering the straight lane by straight lines and without considering the situation of the straight lines. The Plaintiff’s vehicle passing through the intersection in compliance with the straight line signal.

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