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창원지방법원 2014.10.15 2014나1021

1. The decision of the court of first instance revokes the part against the plaintiff that orders payment under the following.


1. The corresponding part of the judgment of the first instance court of basic facts is the same;

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is difficult to be deemed as a sudden acceleration accident, and at least Defendant A’s negligence occurred. As such, Defendant A and Defendant B, a tort, are obligated to pay the Plaintiff a reasonable amount of the insurance money with the indemnity to the Plaintiff who acquired by subrogation the right to claim damages against the Defendants of F. 2) The instant assertion by the Defendants is a sudden acceleration accident that occurred entirely due to the defect of the Defendant vehicle, and the Defendants cannot respond to the Plaintiff’s claim on the ground that there was no intentional negligence with the Defendant Company A.

B. In light of the following circumstances acknowledged by Gap's evidence Nos. 2, 3, 4, 7, 9, 10, 12, and Eul evidence Nos. 3, part of Eul evidence Nos. 2 and the purport of Eul evidence Nos. 2, it can be inferred that the accident of this case was caused by the negligence of the defendant A who violated the duty of safe driving due to the failure to operate the vehicle steering direction and brake system properly, or at least caused by the foregoing negligence.

1) K, who works at the Changwon Service Center, was called up after receiving the Defendants’ report, and conducted an investigation into the Defendant’s vehicle in the presence of the Defendant A and Defendant B. 2 at the time of the investigation. At the time of the investigation, K used the Defendant’s vehicle to normally work and maintain the normal public meeting transfer of the Defendant’s vehicle at the time of the investigation. At the end of the brac vehicle’s driving power, the brack was conducted in the balth of the balth of the balth of the balth of the balth of the balth, and the balth of the balth of the balth of the balth of the balth of the balth, the falth of the falth of the balth of the falth of the falth of

The circumstances are not found and normal.