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(영문) 대전지방법원 2015.01.20 2014나9524
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Basic facts

A. The status of the party is the insurer who entered into a comprehensive insurance contract for the business cars for the HG vehicles owned by the IM (hereinafter “Plaintiff vehicles”) with the IM logistics company, and the Defendant is a mutual aid business operator who entered into a mutual aid contract for B vehicles (hereinafter “Defendant vehicles”) with the LIM company (hereinafter “W”), and the Defendant is a mutual aid business operator who entered into a mutual aid contract for the B vehicles with the LW company (hereinafter “W company”).

B. Around 08:50 on July 21, 2012, 2012, C, an employee of GM, driving the Plaintiff’s vehicle and driving it in the direction of the Daejeon E, which led to a conflict between the two parts of the front left side of the Defendant’s vehicle driven by F and the front right side of the Plaintiff’s vehicle (hereinafter “the instant accident”).

(2) At the time of the instant accident, the signal of the Plaintiff vehicle’s moving direction was yellow flickering lights, Defendant vehicle’s moving direction signal was red flickering lights, and the speed limit of the Defendant vehicle driving direction was 50 km per hour, and the Defendant vehicle driven at the speed exceeding 76 km per hour without temporarily stopping at the intersection at the time.

The point where the instant accident occurred is 26.6 meters from the intersection in the direction of the Plaintiff’s vehicle running and 23.8 meters from the intersection in the direction of the Defendant’s vehicle driving.

C. On August 20, 2012, the Plaintiff paid 16,000,000 won, which is the maximum amount of insurance money for his/her own vehicle damage, to MM due to the instant accident. On August 30, 2012, the Plaintiff paid 44,000 won for the auction fee of the Plaintiff’s vehicle. On August 30, 2012, the Plaintiff recovered 1,410,000 won for the remaining value of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, 9, and Eul evidence 1 (including each number in the case of additional evidence).

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