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(영문) 서울중앙지방법원 2016.07.14 2015나69234
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

The first instance court.

Reasons

1. Facts of recognition;

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

B. Around 11:30 on August 14, 2014, when driving the Plaintiff’s vehicle and operating it to the 21th national road, which is the 21th national road, which is the exclusive road located in the Round-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, and entered the 21th national road from the Round-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-do-ri-ri-ri-ri-ri-do-ri-ri-ri-ri-do-ri-ri-ri-ri-do-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-do

(hereinafter “instant accident”). C.

On December 26, 2014, the Plaintiff was above B.

The insurance money of KRW 356,00 was paid under the name of the repair cost of the dives stated in the port.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Gap evidence or video (including each number), the whole purport of pleading

2. Judgment on the plaintiff's assertion

A. The plaintiff asserted that even though the road surface was sleeped at the time of the accident at the time of the accident, the plaintiff did not take measures to prevent the accident, such as sudden stop or change of the vehicle line, even though he found the plaintiff's vehicle entering the front direction by driving the vehicle at a speed exceeding the restricted speed. The accident in this case is deemed to have occurred due to the front mistake of the defendant's vehicle, so the defendant is liable to pay the insurance money of 356,000 won and damages for delay paid to the plaintiff.

(b) the judgment, the entry of No. 4-2, and the entry of No. 4-2.

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