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(영문) 서울중앙지방법원 2017.04.21 2016나76109
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 additionally shall be revoked.

Reasons

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

Plaintiff

On September 19, 2015, the driver of the vehicle driven the Plaintiff’s vehicle and makes a right-hand along the four-lanes in the remote distance adjacent to the Sungnam-gu, Sungnam-dong, Sungnam-gu, and the right-hand route, while avoiding the vehicle parked on the four-lanes of the right-hand road and stoppinging on the three-lanes. However, the driver tried to enter the two-lanes of the right-hand side of the Defendant’s vehicle moving back to the right-hand side of the Defendant’s right-hand side, following the Defendant’s vehicle moving back to the three-lanes of the right-hand side of the Plaintiff’s vehicle. As seen earlier, the front-hand part of the Plaintiff’s vehicle stopped as above was shocked to the right-hand side of the Defendant’s vehicle.

On September 25, 2015, the Plaintiff paid insurance proceeds of KRW 1,060,500 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 3, or the purport of the whole pleadings

2. In full view of the following circumstances, the evidence and the purport of the entire pleadings revealed before the judgment, namely, the Plaintiff’s driver of the vehicle, who was parked in the four-lanes, but was parked in the three-lanes by avoiding the vehicle parked in the four-lanes, and the Defendant’s vehicle was shocking the Plaintiff’s vehicle that was parked in the previous three-lanes, which is a large-scale vehicle with the previous lanes, while leaving the vehicle in the front. In full view of the following circumstances, the instant accident is a large-scale vehicle with the previous lanes, while moving in the middle at the three-lanes of the straight lanes, without taking into account the direction of the turning back of the large-scale vehicle, the driver’s fault of the Defendant’s vehicle and the situation of the vehicle in the front sections, and the situation of the vehicle parked in the four-lanes after the right of the passage, are well examined.

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