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(영문) 서울중앙지방법원 2015.04.30 2014나18550
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that has entered into an automobile comprehensive insurance contract with respect to the C-B-sized C-B-sized Motor Vehicle (hereinafter “Plaintiff’s vehicle”). Defendant B is the driver of the E-W-type Motor Vehicle (hereinafter “Defendant”) and Defendant A is the owner of the Defendant’s vehicle.

B. At around 09:20 on Oct. 13, 2008, J driven the Plaintiff’s vehicle, and proceeded with a ero-rayed road of the ero-ray, which has no center line f in the front of the city-dong-dong-dong-dong-dong-dong-dong-si, from G room to the inner flow of the Seoyang-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, the erobbs the front part of the Defendant’s side of the Defendant’s vehicle

(hereinafter “instant accident”). The instant accident caused the injury of I, the passenger of the Plaintiff’s vehicle, caused the injury to I, and the said housing and the Plaintiff’s vehicle was damaged.

C. By January 20, 2009, the Plaintiff paid insurance proceeds of KRW 1,230,000 as the medical expenses and the agreed amount, KRW 22,00,00 as the repair cost of K-owned housing, and KRW 37,471,30 as the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 7 (including each number), and the purport of the whole pleadings

2. Determination

A. As seen earlier, in light of the fact that the location of the instant accident appears to have a studio in light of the fact that there was an obstacle in view of the direction of the Plaintiff’s vehicle in the direction of the vehicle, the left side of the Plaintiff’s vehicle and the front side of the Defendant’s front side of the right side conflict, both vehicles seem to conflict in the center of the road. Since K’s house is located in a zone lower than the road, the instant accident occurred due to the shock of the instant accident, and it appears that the Plaintiff’s vehicle might be tightly tightly probred and housing due to the shock of the instant accident, the instant accident occurred by the negligence of the drivers of both vehicles on an equal basis.

Defendant .

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