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(영문) 서울중앙지방법원 2015.10.23 2015나25685
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the B dump truck (hereinafter referred to as the Defendant’s vehicle) with respect to the AMW microscoos vehicle (hereinafter referred to as the “Plaintiff’s vehicle”).

B. On January 23, 2014, at around 06:06, C driving the Plaintiff’s vehicle, and proceeding along the intersection near the Jeju Jeju Jeju Jeju Island (hereinafter referred to as the “instant road”) along the five-lane radius from the jurisdiction of the Silung Police Station to the jurisdiction of the Silung Police Station, and the Plaintiff’s vehicle entered the main road to turn to the left, while moving into the main road, the Plaintiff’s vehicle was moving to the right side of the instant road, and the Plaintiff’s vehicle was changed to the main road, and the Defendant’s front wheels and the right side of the Plaintiff’s vehicle are faced.

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

On March 12, 2014, the Plaintiff paid the total amount of KRW 9,900,000 to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's accident of this case occurred due to the plaintiff's unilateral negligence since D's driving of the defendant vehicle and driving it along the one lane of the road of this case, and driving along the side of the defendant vehicle according to the left-hand side of the first left-hand side without referring to the plaintiff's vehicle's direction direction, etc., and it was caused by the wind to enter the one-way road of the plaintiff vehicle by changing the one-way vehicle of this case. Thus, the defendant, the insurer of the defendant vehicle, is obliged to pay the whole insurance money paid by the plaintiff to the plaintiff and the delay damages

B. The Defendant’s vehicle, prior to the Plaintiff’s vehicle, was driving along the first lane of the instant road, and began to change the course into the main lane, and the Plaintiff’s vehicle proceeding at the rear side of the first lane led to the instant accident, which led to unreasonable overtaking of the Defendant vehicle.

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