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(영문) 서울중앙지방법원 2016.12.20 2016가단5000649
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to the B B B B B-S cruise vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to the C-SP cleaning vehicle (hereinafter “Defendant vehicle”).

B. D, around 10:00 on April 8, 2013, driving the Plaintiff’s vehicle and driving three lanes among three lanes in the Han River-ro, Kimpo-si, Gopo-si, Kimpo-si.

D는 오른손으로 조수석에 있던 휴대폰을 잡으려다가 전방을 제대로 보지 못한 채 오른쪽으로 치우쳐 진행한 과실로 갓길에 떨어진 타이어와 가구를 수거하기 위하여 갓길에 정차하고 있던 피고 차량의 왼쪽 뒷부분을 원고 차량의 앞부분으로 추돌하였고, 그로 인하여 원고 차량이 튕겨져 나가면서 같은 방향 2차로로 진행 중이던 E 마이티 화물차량(이하 ‘피해 차량’이라 한다)의 앞부분을 충격하였다.

As a result, the driver of the damaged vehicle suffered from the injury of the driver F, such as thale thale, and the driver of the plaintiff vehicle suffered from the injury, and the plaintiff vehicle, the defendant vehicle, and the damaged vehicle were destroyed, respectively.

(hereinafter “instant accident”). 【The ground for recognition” does not have any dispute, Gap’s 1 through 4, 6, 7 evidence, Eul’s 1 through 5, and the purport of the whole pleadings.

2. The Plaintiff’s assertion that the instant accident occurred when the Defendant’s driver G stops the Defendant’s vehicle over three-lanes on the side of the road and did not take measures to enable the other vehicle to know in advance that the Defendant’s vehicle stopped on the front side of the road, and the Plaintiff’s negligence occurred. The Defendant’s negligence on the instant accident was 30%. As such, the Defendant, as the insurer of the Defendant’s vehicle, was the insurer of the instant accident, paid by the Plaintiff for the Plaintiff’s vehicle, the Defendant’s vehicle, and the personal and physical damage of the damaged vehicle.

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