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(영문) 부산지방법원 2017.11.30 2017나50287
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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 23, 2016, around 21:50, the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that was moving to the main road of the Plaintiff’s vehicle while moving to the main road of the Plaintiff’s vehicle while going to the direction of the D Hospital at the front side of the D Hospital located in Seongbuk-gu, Sungwon-si (hereinafter “instant accident”), and the part on the right side of the Plaintiff’s vehicle was partially destroyed.

C. On November 1, 2016, the Plaintiff paid KRW 847,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 3, and 5 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s vehicle was driving along the intersection normally depending on the one-lane crossing. However, the Defendant’s vehicle was trying to enter the instant accident at one-lane at one time while bypassing the intersection (hereinafter “the Plaintiff’s accident site”) and the instant accident occurred. Since the instant accident occurred due to the total fault of the Defendant’s vehicle, the Defendant’s vehicle was obligated to pay the Plaintiff the full amount of KRW 847,000 for indemnity. (2) The Defendant’s vehicle was driving along the intersection in a normal manner after making a bypassing the intersection, but the Plaintiff’s vehicle, which was different from the one-lane, was changing the vehicle to the two-lane, and the instant accident occurred.

(Attached Form 1). Therefore, the defendant's responsibility should be limited to 30%.

B. The circumstances leading up to the occurrence of the instant accident and the location of each vehicle and the vehicle of the Plaintiff at the collision are partly damaged the right side of each vehicle, which can be seen by comprehensively taking into account the aforementioned facts of recognition, the evidence and the evidence as mentioned above, as well as evidence Nos. 1 and 3, and the video of No. 6, and the overall purport of the pleading.

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