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(영문) 서울중앙지방법원 2015.06.11 2014나42379
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the AP car (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the BP car (hereinafter “Defendant”).

B. C, around 10:00 on March 31, 2014, while driving a vehicle on the Plaintiff’s side and driving along one lane among the two-lanes on the right line underground streets located in the Dongwon-gu, Suwon-si, Suwon-si, Suwon-si, the two-lanes are driving ahead of the direction direction.

The left-hand side of the back-hander of the motor vehicle on the part of the plaintiff's side which changed the lane into one lane was received as the front-hand part of the motor vehicle.

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

On April 7, 2014, the Plaintiff paid KRW 2,881,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, Eul evidence 10-1, 2, and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred mainly by negligence that the driver D of the defendant's vehicle did not properly examine the situation of the one-lane and changed the lane. The defendant argued that the accident in this case occurred mainly by negligence. The driver C of the plaintiff's vehicle in this case is proceeding in speed.

The plaintiff's negligence is greater than that of the plaintiff.

3. In full view of the overall purport of the pleadings in each description and image of the evidence Nos. 1 through 11, 16, 17, 19, and 21 (including each serial number, if any) of the judgment, the restricted speed of the right underground lane is 60km per hour. The point at which the accident occurred is the point at which the ground exit, which was formed as a slope, was entered as a slope, and the point at which the ground exit was entered as a slope, and the vehicle on the part of the plaintiff, when driving at a very rapid speed from the underground section at a very rapid speed from the underground section, consecutively overtakes the vehicle on the side of the defendant, which moved slowly from the underground section, and slowly changed the lane. The speed of the vehicle on the part of the plaintiff immediately before the accident of this case is 10.52km per hour, and D is the police, and D is the police.

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