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Reasons
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(영문) 서울남부지방법원 2015.05.15 2014나55081
구상금
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1. Of the judgment of the first instance court, KRW 2,768,500 against the Plaintiff and its related thereto from February 4, 2014 to May 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded an automobile insurance contract with C with D (hereinafter “Defendant”).

B. On December 15, 2013, at around 03:50 on December 15, 2013, C, driving the Defendant vehicle, driving the Defendant vehicle, and driving in the vicinity of the North orchard of the Young-dong Highway located in Suwon-gu, Suwon-si, Suwon-si, and the 2-lane of the 3-lane of the 2-lane of the 2-lane of the 2-lane of the 2-lane of the 2-lane of the 2-lane of the 3-lane of the 2-lane of the 3-lane of the 2-lane of the 2

(hereinafter “instant accident”). C.

On February 3, 2014, the Plaintiff paid KRW 3,955,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident to the YOEM Co., Ltd.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Eul evidence 2, Eul evidence 3-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred because, at the rapid speed of the Defendant’s driver, the Plaintiff attempted to overtake the Plaintiff’s vehicle that was normally driven along the two-lanes while passing through the Defendant’s vehicle while driving the vehicle while driving the vehicle in a normal manner. The Plaintiff breached his duty of care when changing the vehicle and attempted to rapidly change its course, and failed to properly operate the steering gear, etc. while attempting to change the vehicle. As the Plaintiff’s driver did not have any time and physical space to avoid such collision, the instant accident occurred entirely due to the Defendant’s negligence.

Therefore, the defendant, who is the insurer of the defendant vehicle, is the insurance money of KRW 3,955,00 for the repair cost of the plaintiff vehicle.

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