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(영문) 서울중앙지방법원 2018.09.13 2018나26047

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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

B. Around 09:40 on September 24, 2015, the Plaintiff’s vehicle was driven at the Seogdong-dong Slick-ro Slick-ro, Ulsan-gu, Ulsan-do, U.S., but the Defendant’s vehicle was driven on the left-hand side of the Plaintiff’s vehicle, and the part of the Plaintiff’s vehicle was shocked with the front front-hand part of the Defendant’s vehicle’s driver’s seat and the rear part of the vehicle.

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

On September 25, 2015, the Plaintiff paid KRW 296,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident (excluding KRW 200,000) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 4, 5 each entry, Gap evidence 1 through 3, Eul evidence 1, and Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle was stopped due to the body of the vehicle at the time of the instant accident, but the Defendant vehicle driver tried to change the lane within the waterway, and the instant accident occurred due to the previous fault of the Defendant vehicle driver.

B. Since the Defendant’s alleged driver’s negligence, the Plaintiff’s vehicle driver’s negligence infringed on the Defendant’s vehicle lane, the instant accident occurred both the Plaintiff’s driver’s negligence and the Defendant’s driver’s negligence.

C. The following circumstances, which can be acknowledged by adding the above facts of recognition and the overall purport of the arguments as seen earlier, namely, the point where the instant accident occurred, is the route where the vehicles intended to proceed in several directions. When such places are passed, the vehicle must proceed with with with special attention to the direction of the other vehicles, and the vehicle of the defendant is a vehicle on its own in light of the degree of collision between the plaintiff vehicle and the defendant vehicle and the point where collisions occur.