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(영문) 전주지방법원 2020.08.19 2020나769
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

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity for C Bus (hereinafter “Plaintiff”), and the Defendant is an insurer for D i30 automobiles (hereinafter “Defendant”).

B. On April 18, 2019, the Plaintiff’s vehicle was proceeding one-lane of the two-lane roads, one-lane of the two-lanes from the boundary of the front intersection road (on April 18, 2019, between the front intersection road and the front intersection vehicle (hereinafter “victim’s vehicle”).

The defendant's vehicle is driving a two-lane, but in order to overtake the vehicle in front of the plaintiff's vehicle, the vehicle was changed to the first two-lane before the plaintiff's vehicle, again changed to the second two-lane, and tried to change to the first two-lane before the damaged vehicle, but the center was lost, and the central separation zone was shocked and stopped.

Accordingly, the damaged vehicle stops to avoid the collision with the defendant vehicle, and the plaintiff vehicle received the rear part of the damaged vehicle.

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

From April 19, 2019 to June 3, 2019, the Plaintiff paid KRW 8,509,870, and KRW 17,623,870 in total at the repair cost of the damaged vehicle from April 19, 2019 to May 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The parties' assertion

A. Since the Defendant’s vehicle caused the instant accident by unilateral negligence, such as overwork, sckless driving, and sckless driving, the Defendant is obligated to pay damages paid by the Plaintiff and damages for delay.

B. The Plaintiff’s vehicle caused the instant accident by unilateral negligence, which did not secure the safety distance with the front city and the damaged vehicle. Therefore, the Plaintiff’s claim cannot be complied with.

3. Determination

A. Comprehensively taking account of the following circumstances, the instant accident is the negligence of the Plaintiff’s driver and the Defendant.

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