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(영문) 서울중앙지방법원 2016.06.10 2016나6247
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B Traler vehicle (hereinafter “Defendant vehicle”).

B. Around 16:49 on July 10, 2014, the driver of the Defendant vehicle driven the Defendant vehicle, and led the Defendant vehicle to the front part of the Plaintiff vehicle’s left front part of the Defendant vehicle, which was bypassing to the same direction from the right side of the Defendant vehicle, while making a right-hand along four-lanes at the entrance of the slotte parking lot in Jung-gu Incheon Metropolitan City.

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

By October 31, 2014 due to the instant accident, the Plaintiff paid KRW 11,66,00 at the repair cost of the Plaintiff’s vehicle, and KRW 547,760 at the medical expenses of the Plaintiff’s driver C, respectively.

[Ground of recognition] Facts without dispute, Gap's statements or images as to Gap's evidence Nos. 1 through 7, Eul's evidence No. 1, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case is caused by the negligence of the driver of the defendant's vehicle who does not look at the right side while driving the defendant's vehicle, which is a large bitr, in the right line without considering the revolving of the power line. The defendant asserts that the accident in this case is caused by the negligence of the driver of the defendant's vehicle who does not look at the right side of the road. The accident in this case is caused by the wind that the driver of the plaintiff's vehicle left the vehicle on the left side after calculating the revolving radius, and the accident in this case is caused by the wind that the driver of the vehicle in this case makes it unreasonable for the driver of the plaintiff to cross

B. In full view of the facts acknowledged earlier and the shock and shock aspects of the original Defendant vehicle, road conditions at the location of the instant accident, etc., the instant accident discovered a large bitr vehicle stopped on the front side for a right-hand way.

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