logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.08 2015나6844
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A Alti-Ma Car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a respective automobile insurance contract with respect to B Tourist Bus (hereinafter “Defendant”).

B. At around 21:40 on August 4, 2013, C, around 21:40, driving the Plaintiff’s side on the front side of the E pharmacy located in Ansan-si, the vehicle was in contact with the Defendant’s side that affected the same direction along the three-lanes while driving the Plaintiff’s side from the front side of the E pharmacy located in Ansan-si, Ansan-si, and driving the vehicle on the side of the Plaintiff at four-lanes along the two-lanes.

(hereinafter “instant accident”). C.

On October 8, 2013, the Plaintiff paid KRW 8,328,000 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 through 5 (including each branch number, if any; hereinafter the same shall apply) or the purport of the whole pleadings

2. The plaintiff asserted that the accident in this case occurred by the previous negligence by the driver of the vehicle in the defendant side while the vehicle in this case was invaded by the vehicle in this case. The defendant asserted that the driver of the vehicle in the defendant side did not have any negligence against the driver of the vehicle in the defendant side, and instead, the driver of the vehicle in the plaintiff side who was the four-lane behind the motor vehicle in the latter side of the defendant side caused the accident in this case by negligence that the driver of the

3. In full view of the purport of arguments and arguments as to the entries in Gap evidence Nos. 3, 4, Eul evidence Nos. 2, 2, 3, and 4 and video images, the following facts can be acknowledged: (a) the four-lane road in which the accident of this case occurred is designated as the right-hand lane; (b) the defendant's vehicle intrudes the three-lane lane while bypassing along the three-lane; and (c) the contact part of the two vehicles is the left-hand side of the plaintiff's vehicle and the right-hand side of the defendant's vehicle; and (d) the accident of this case is caused by the driver of the defendant's vehicle that loaded the vehicle of this case while bypassing the vehicle, but the accident of this case is caused by the driver of the two vehicles above.

arrow