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(영문) 서울중앙지방법원 2016.01.14 2014나68111
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 a comprehensive automobile insurance contract with respect to Asch Rexroth car (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to Bchip car (hereinafter “Defendant vehicle”).

B. Around 09:20 on September 23, 2014, the Plaintiff’s vehicle contacted with the Defendant’s vehicle while bypassing along three-lanes among the four-lanes in the direction of the Hansan River basin from the Hansan River basin of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

(hereinafter “instant accident”). C.

On October 2, 2014, the Plaintiff paid insurance proceeds of KRW 3,762,00 at the cost of repairing the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1, Gap evidence 2, Eul evidence 1's partial video and purport of whole pleadings

2. The plaintiff asserts that the accident of this case was entirely caused by the negligence of the driver of the defendant vehicle.

As to this, the Defendant asserted to the effect that the Defendant’s vehicle was stopped between the two lanes and the three lanes, but the Plaintiff’s vehicle was shocked while driving the vehicle, and thus, the Defendant’s driver did not have any negligence.

3. Comprehensively taking account of the overall purport of arguments as to the video of evidence Gap Nos. 4 and 5, the defendant's vehicle was affected by the lanes between the two-lanes and three-lanes at the point where the stop line had already been passed at the time of the accident at the time of the accident at issue. After the left side of the plaintiff's vehicle, the penter and the penter, and the front part of the defendant's vehicle are faced with each other. In light of the location of the defendant's vehicle at the time of the accident at the time of the accident at issue at the time of the accident at issue at the time of the accident at issue, the driver of the plaintiff's vehicle first entered the intersection at the intersection, while the driver of the defendant's vehicle at the time of the accident at the time of the vehicle at issue at the

Plaintiff

It is reasonable to see that a vehicle has shocked, and the intersection.

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