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(영문) 부산지방법원 2018.01.10 2017나49683
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B cab (hereinafter “Defendant”).

B. On October 8, 2016, around 09:50 on October 8, 2016, the Plaintiff’s vehicle saw the vehicle in the direction of the swimming intersection in front of the D & K station located in Suwon-gu Busan in the direction of the horizontal intersection in order to move to the direction of the horizontal intersection in the direction of the horizontal intersection. On the other hand, the vehicle gets into collision between the front side of the Plaintiff’s right side (the front wheels and the fences part) and the left-hand part of the Defendant’s vehicle parked to move to the right side of the Plaintiff’s vehicle.

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

On January 26, 2017, the Plaintiff paid KRW 1,019,00 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The instant accident is an accident that is shocked with the Defendant’s vehicle seeking to make a right-way through the side of the right-side yellow line and the oil station site attached thereto while keeping the Plaintiff’s vehicle in a normal course to make a right-way, and is caused by the entire negligence of the Defendant’s vehicle who breached the duty of care when passing through the intersection by operating the intersection in an abnormal manner without complying with the regular bus line. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the above insurance money as a reimbursement. 2) The instant accident is an accident that is shocking the Defendant’s vehicle temporarily stopping on the right-hand side in the course of the right-hand transit by the Plaintiff’s vehicle, and is an accident that is caused by the negligence or failure to drive the Plaintiff’s driver’s duty to stop on the right-hand side.

Therefore, it is true.

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