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(영문) 광주지방법원 2018.10.19 2017나64339
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into the automobile insurance contract with B Trucks (hereinafter “Defendant”).

B. At around 10:10 on September 12, 2016, the Defendant’s vehicle contacted the front part of the Plaintiff’s vehicle’s driver’s seat, which was bypassed from three lanes to three lanes in front of the Jeon-dong Hospital, in front of the Jeon-dong Hospital, Gojin-gu, Jin-gu, Seoul, Seoul, with the two-lanes, with the front side of the Defendant vehicle.

(hereinafter “instant accident”). C.

The Plaintiff compensated for KRW 3,610,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident, and then filed a claim against the Defendant for deliberation on the dispute over the reimbursement of automobile insurance, and the committee for deliberation on the payment of indemnity recognized the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 50%, respectively.

【Ground for Recognition: Unsatisfy, Gap evidence 1 to 8 (including a branch number; hereinafter the same shall apply)

(i)each entry or video, each entry or video set forth in Category B(1) through (3), and the purport of the entire pleadings]

2. The parties' assertion

A. The instant accident occurred by the Defendant’s fault since the Defendant’s vehicle, which had stopped normally bypassing the Plaintiff’s vehicle at the three-lane of the revolving route, was satisfying from the two-lane to the front of the Plaintiff’s vehicle.

Therefore, the defendant should pay 3,610,000 won and damages for delay paid by the plaintiff to the plaintiff.

B. As the instant accident occurred while the Plaintiff’s vehicle moved to a treatment room on the right side of the vehicle, the negligence of the Plaintiff’s vehicle should be recognized as 80%.

3. Determination

A. Circumstances that can see the purport of the entire argument among the above macroscopic evidence, i.e., vehicles that are one to three-lanes of the instant accident.

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