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(영문) 서울중앙지방법원 2015.11.27 2014나70961
구상금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to ARay Trucks (hereinafter “Defendant”) with respect to B25 tons of dump truck (hereinafter “Defendant”).

B. On December 18, 2013, at around 10:25, the Plaintiff’s vehicle, along the five-lane road of the Gangseo-gu, Mapo-gu Seoul Metropolitan Government, located in the Dongwon-dong, with three-lanes from the Sungsan Blue Blue Blue Blue and the two-lanes of the two-lanes, where the two-lanes run in the same direction, the front part of the Defendant’s vehicle’s front part on the right side of the Plaintiff’s vehicle and the part on the left side of the Plaintiff’s vehicle,

(1) A collision). The vehicle of the Plaintiff, due to the collision, re-confiscing the body of the vehicle of the Plaintiff into the front side of the Defendant vehicle of the two-lanes, and re-confiscing the left side of the Plaintiff vehicle (the second collision). The vehicle of the Plaintiff re-confiscing the front side of the vehicle of the Plaintiff vehicle (the second collision), the right side of the vehicle of the Plaintiff vehicle of the C (the non-party vehicle) where the right side of the vehicle of the Plaintiff is driving along the first one (the third collision). The vehicle of the Defendant re-confiscing the front side of the vehicle of the Plaintiff vehicle (the second collision) with the front side of the left side side of the vehicle of the Plaintiff vehicle (the second collision).

(The accidents in this case, in total, of the five collisions, hereinafter referred to as the "accidents in this case").

By July 23, 2014, the Plaintiff paid insurance proceeds of KRW 17,146,030 in total, for the costs of the Plaintiff’s vehicle driver, the passenger, the driver of the non-party vehicle, and the repair cost of the Plaintiff’s vehicle and the non-party vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident did not properly drive his own lane, but was caused by the previous negligence of the Defendant’s driver who concealed the Plaintiff’s vehicle while driving a three-lane in which the Plaintiff’s vehicle was in operation.

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