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(영문) 춘천지방법원강릉지원 2016.10.11 2016나50402
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. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the Col new-learning vehicle (hereinafter “Plaintiff-based vehicle”) with the insured period from February 1, 2015 to February 1, 2016.

B. On May 30, 2015, attached Table 1 accident site map B, around 11:00, driving the Plaintiff’s vehicle (attached Form 1 accident site map 2), and driving on the one-lane road of the two-lane 342-1 (hereinafter “instant road”) of Gangseo-si, Gangseo-si, 342-1 (hereinafter “instant road”) in the direction of Sick-si Holdings, depending on the road.

However, as shown in the attached Table 1 accident site map, the defendant driving a Ortotob (attached Form 1 accident site map 1; hereinafter "the defendant's vehicle") in a drinking condition, proceeding into the airport road according to a bank road near the island, connected to the above road, and entered the road of this case to cross the road of this case and made a left-hand turn to the left (hereinafter "the accident of this case"), and the plaintiff's vehicle proceeded as above was damaged as shown in the attached Form 2.

C. On the instant road, there is a center line of yellow solid lines, so the left turn cannot be made in the direction where the Defendant’s vehicle driven.

On June 5, 2015, the Plaintiff paid KRW 1,246,390 of the insurance proceeds from the instant accident to the repair business entity of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. Summary of the parties’ assertion

A. The Plaintiff’s instant accident is an accident caused by the total negligence of the Defendant’s driver of the vehicle, where the Defendant’s vehicle attempted to turn to the left at a place where it is impossible to turn to the left, and the Plaintiff’s accident was caused by shocking the Plaintiff’s vehicle normally

In addition, the plaintiff pays insurance money at the cost of repair of the plaintiff's vehicle to the defendant B pursuant to Article 682 of the Commercial Act.

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