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(영문) 서울중앙지방법원 2016.01.29 2015나37497
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.The following facts of recognition may be found either in dispute between the parties or in combination with the overall purport of the pleadings at the entries or videos of Gap evidence 1 to 3, 5 (including branch numbers for those with serial numbers), Eul evidence 1 and 2:

The plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter referred to as the "Plaintiff") and the defendant is a mutual aid business operator who has entered into a comprehensive motor vehicle mutual aid contract with B (hereinafter referred to as the "Defendant Vehicle").

B. Around 11:09 on June 8, 2013, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle along the two-lanes around the national theater-dong, Jung-gu, Seoul (hereinafter “instant road”) along the Han-dong, Han-dong along the Han-dong, Han-dong, the driver of the Plaintiff’s vehicle changed the two-lanes to the right side of the Plaintiff’s vehicle in order to enter the Han-dong, the Han-dong, the Han-dong, the Han-dong, along the Han-dong, into the right side of the instant road, while changing the two-lanes into the right side of the Plaintiff’s vehicle.

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

On July 5, 2013, the Plaintiff paid insurance proceeds of KRW 12,931,00 at the cost of repairing the Plaintiff’s vehicle.

2. The parties' assertion

A. The Plaintiff’s accident occurred due to one’s negligence, such as the Defendant’s driver’s duty to secure a safe distance and the violation of the duty to keep the watch prior to moving away from the right on the road of this case. Therefore, the Plaintiff, the insurer of the Plaintiff’s vehicle, has the right to claim for the full amount of the insurance money paid by the Plaintiff to the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, and damages for delay

B. The Defendant’s instant accident is due to the negligence of the Plaintiff’s driver who immediately operated the instant vehicle in front of the Defendant’s vehicle while changing the lane to the right-hand side through the two lanes from the first lane of the instant road.

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