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(영문) 서울중앙지방법원 2016.10.13 2016나24849
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

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

B. At around 15:00 on September 6, 2015, C driven the Plaintiff’s vehicle along a two-lane road located in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and driven the center line at the right edge of the Plaintiff’s vehicle to enter the alley side of the front left, and the front edge of the Defendant’s vehicle, which affected the center line and passed the Plaintiff’s vehicle, was shocked with the front edge part of the lower side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On January 6, 2016, the Plaintiff paid insurance money of KRW 46,000 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the defendant vehicle with two wheels is driving along one lane on the two-lane road, and the defendant vehicle with two wheels was invaded by the center line without maintaining the safety distance with the plaintiff vehicle, which is the preceding vehicle, and was almost left left. Thus, the defendant is obliged to pay the plaintiff the above insurance money paid by the plaintiff in relation to the accident of this case caused by the above negligence of the defendant vehicle and the damages for delay thereof.

In this regard, the Defendant attempted to turn to the left at the center of the Plaintiff’s own central line, and the Defendant’s vehicle, which was proceeding in the future, was faced with the Plaintiff’s vehicle beyond the central line while operating the brake and steering gear in order to avoid drilling with the Plaintiff’s vehicle. Therefore, the instant accident is an act of improper operation of the Plaintiff’s vehicle.

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