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(영문) 서울중앙지방법원 2015.05.28 2015나10799
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 insurer who entered into a comprehensive automobile insurance contract with respect to the B car volume owned by A (hereinafter “Plaintiff”), with respect to D1 ton of freight vehicles owned by C (hereinafter “Defendant vehicle”).

B. On August 31, 2013, around 08:07, when driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on the two-lanes adjacent to the apartment distance in Seo-gu, Seo-gu, Incheon, Seo-gu, and driving along the two-lanes, conflict with the Defendant’s vehicle that attempted to change the two-lanes from the first way to the second way. At the time, the Plaintiff’s vehicle was destroyed by the front right side of the front right side of the front right side of the front right side, and the Defendant’s vehicle was damaged by the front side of the right side of the right side.

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

On October 4, 2013, the Plaintiff paid KRW 1,295,900 for the repair cost of the Plaintiff’s vehicle as insurance money to A.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 5 and 6 (including each number; hereinafter the same shall apply)

2. The plaintiff asserted that the accident in this case occurred when the defendant vehicle, who tried to change the vehicle line on the two-lane side of the latter vehicle, did not properly look at the plaintiff vehicle, and unilaterally conflict with the latter vehicle. On the other hand, the defendant argues that the plaintiff vehicle was driving ahead of the defendant vehicle after the latter, while the defendant vehicle was driving ahead of it on the latter, the vehicle was trying to change its course to the two-lane by on and off the right direction, and at the same time the accident in this case occurred while trying to overtake the defendant vehicle while trying to change its course to the two-lane, the accident in this case is the main negligence of the plaintiff.

3. The judgment unit, Gap's evidence 2 to 5, Eul's evidence 5, and Eul's evidence 5 and 6 are the parts of each collision between the plaintiff vehicle and the defendant vehicle, the degree of damage, and the operation behavior of each vehicle.

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