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(영문) 광주지방법원 2016.07.08 2015나52790
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to D vehicles driven by A (hereinafter referred to as “Defendant vehicles”) by the Defendant with respect to D vehicles driven by C (hereinafter referred to as “Defendant vehicles”).

B. On December 19, 2013, around 22:05, the Plaintiff’s vehicle was proceeding in the direction of sub-IC in the direction of BamamIC, depending on the first lane among the third-lane roads in Gwangju-dong, Gwangju-dong, Gwangju-dong.

At the time, the Defendant’s vehicle is driving along the two lanes at the time, turning off the snowway, coming back to the reverse direction in the first way, and the Plaintiff’s vehicle in the latter way did not avoid it, and shocked the upper right part of the Defendant’s vehicle into the upper right part.

(hereinafter referred to as “instant accident”). C.

On January 17, 2014, the Plaintiff paid KRW 6,342,00 as insurance money under the name of automobile repair expenses in accordance with the standards for the security of self-vehicle damage.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1-1 and Eul evidence 1-2, video, party witness A and C's testimony and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, it is reasonable to view that the accident of this case was the principal cause of the fault of the Defendant’s driver who entered the first lane while driving the accident without speeding in advance even though the surface was found to have been destroyed due to heavy snow at night.

However, in full view of the circumstances revealed in the instant pleadings, such as the background and before and after the instant accident, and the damaged parts of the original and the Defendant vehicle, the Plaintiff’s vehicle is also at night as shown on the day, and the ice ices are stored on the road, and the previous vehicle has neglected its duty of care in a safe way while taking into account the situation that occur due to ice ice, and due to the snow accumulated at the time, the vehicle is a one-lane where the vehicle is not easily traveling.

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