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(영문) 서울중앙지방법원 2015.11.13 2015나23238
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.The following facts may be found either in dispute between the parties or in combination with the overall purport of the pleadings at each entry or video of Gap evidence 1 to 6 (including the number of each class; hereinafter the same shall apply) and Eul evidence 1 to 3:

With respect to A vehicle (hereinafter referred to as the “Plaintiff”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with B (hereinafter referred to as the “Defendant vehicle”).

B. On August 2, 2013, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle on the one-lane road in front of 101-Dong-dong (hereinafter “the road in this case”) located on the right side of the Plaintiff’s vehicle running from the rear door of the apartment complex in front of 101-dong, which was located on the right side of the direction of the Plaintiff’s vehicle, to turn to the left from the intersection where the road in this case and the apartment complex enter into the instant road are crosssection (hereinafter “the intersection in this case”). On August 2, 2013, the upper part of the front part of the Defendant’s vehicle entering the instant road was shocked with the front part of the

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

On September 12, 2013, the Plaintiff paid insurance proceeds of KRW 3,943,100 to the repair company, etc.

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to one’s unilateral negligence, such as the Defendant’s driver’s duty to see the left-hand turn and shocked by entering the instant road without viewing the Plaintiff’s vehicle that had been driving normally, and thus, the Plaintiff is entitled to claim for the full amount of the insurance money paid by the Plaintiff to the Defendant, who is the insurer of the Defendant’s vehicle, as well as damages for delay.

B. The Defendant’s instant accident, despite having entered a large portion of the instant intersection to turn left, once again stopped, violates the duty of the front-time watch and the duty of safe driving.

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