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(영문) 인천지방법원 2016.09.29 2016나4136
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. The parties' assertion

A. While driving the Plaintiff’s two-wheeled Vehicle (hereinafter “Defendant”), the Defendant suffered injury by shocking the E’s bridge that opened and disembarked the driver’s seat of the parked D New D New DVian Vehicle (hereinafter “Plaintiff”).

The Plaintiff, as an insurer, paid KRW 7,554,680,000,000,000 as liability insurance money from the insurer of the Defendant’s automobile. As such, the Defendant is obligated to pay the difference to the Plaintiff.

B. Defendant E merely got off while getting off the Plaintiff’s vehicle in the process of getting off the Plaintiff’s vehicle, there is no shocking and shocking.

2. Facts of recognition;

(a) Around 17:20 on April 26, 2014, F was parked on a road that is not divided into two lanes prior to the departure of the Plaintiff’s vehicle in Bupyeong-gu Incheon, while driving the wife E on the top of the operation of the Plaintiff’s vehicle, F was first set to handle banking services.

After diving, E opened a door to the driver's seat without the chief door, and turn off the left door on the road.

At that time, the Defendant driven the Defendant’s vehicle, which led to the left side of the Plaintiff’s vehicle, and the Plaintiff’s driver’s seat stopped rapidly, and the Defendant’s vehicle lost its center and turns down to its right side, and impacted on E’s left side.

(hereinafter “instant accident”). B.

E suffered injuries, such as the high-level left down on the left-hand side of the instant accident, the ethroids, the ethroids, and the hearts of the instant accident.

C. On August 25, 2014, the Defendant was subject to a disposition by the Incheon District Public Prosecutor’s Office to have been suspected of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, Evidence No. 1, and the purport of whole pleadings

3. Determination

A. According to Article 49(1)7 of the Road Traffic Act, drivers shall not open the door of the vehicle without verifying the safety of the vehicle, and shall take necessary measures to prevent his/her passengers from causing any danger to traffic.

(b) E lanes;

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