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(영문) 서울중앙지방법원 2015.04.23 2014나10525
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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to Abenched Motor Vehicles (hereinafter “Plaintiff”) and the Defendant is the owner of B urban bus (hereinafter “Defendant”).

B. C, around 14:40 on July 26, 2013, driving the Plaintiff’s vehicle on the part of the Plaintiff and driving the three-lane road in front of the E Hospital located in Nam-gu Incheon Metropolitan City, Nam-gu, with a three-lane distance of tinba-distance away from the distance of line.

While changing the two-lanes into a two-lane, the two-lanes conflict with the defendant's vehicle driving on the two-lanes.

(hereinafter “instant accident”). At the time, the part of the collision is the front right corner of the Plaintiff’s vehicle and the part adjacent to the left side of the Defendant’s vehicle.

C. The Plaintiff paid KRW 15,846,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4 (including each number, if any), the result of the verification of closed-circuit screen (CCTV) by this court, the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are as follows: (a) the instant accident, in addition to the driver’s negligence on the part of the Plaintiff, also caused the Defendant’s driver’s negligence in front of the vehicle without securing a safe distance; (b) and (c) the Plaintiff’s fault is not a fault on the part of the Plaintiff. As such, the Plaintiff’s claim for reimbursement,

According to the above verification results of this Court, the plaintiff's vehicle was driven along the three-lanes of letter, and the two-lanes of the same room for the defendant's vehicle. However, while the two-lanes or the three-lanes of the vehicle led to the vehicle's string, the vehicle could have been driven at the same direction on the right side of the screen at around 14:27:15 of the video.

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