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(영문) 서울중앙지방법원 2015.04.02 2014나20775
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

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurance company of A haloga car (hereinafter “Plaintiff”) and the Defendant is an insurance company of Bchil vehicle (hereinafter “Defendant”).

B. On March 14, 2013, at around 19:55, C was driven by the Plaintiff’s vehicle on the part of the Seoul Songpa-gu D Apartment Complex and is proceeding to the lower side of a photographed road between 502 Dong and 303 Dong in the Songpa-gu Seoul Metropolitan Government D apartment complex, and the collision occurred with the Defendant’s vehicle going on the opposite side (hereinafter “instant accident”). At the time, the collision end is the left side of the left side and the back part of the Defendant’s vehicle after the Plaintiff’s driver’s seat.

C. On March 22, 2013, the Plaintiff paid KRW 3,097,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 8, Gap evidence Nos. 4, 5, 6, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s vehicle driver, who occupied the road beyond the median line, who occupied the road at all, and thus, the Defendant should bear the repair cost in full.

3. In full view of the purport of the argument in Gap evidence No. 3, the point of the accident in this case is a highly sloped on the side of the plaintiff's vehicle, and the point of the accident in this case forms a perfect erode in the direction of the plaintiff's proceeding. At the time of the accident in this case, the defendant's vehicle at the time of the accident in this case finds the plaintiff's vehicle that was pushed down in the middle line due to the discovery of the driver's vehicle that was pushed down in the middle or beyond the upper direction and stopped on the erode, and the plaintiff's vehicle was stopped on the erode and stopped on the erode.g., the defendant's vehicle is going to the right side by driving along the vehicle of the defendant's side with the opposite side of the vehicle in this case, and it is recognized that the vehicle goes to the left side of the defendant's vehicle. Thus, according to the above recognition.

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