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(영문) 부산지방법원 2018.06.21 2017나60444

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. Basic facts

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 an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 28, 2017, at around 06:43, the Plaintiff’s vehicle driven along the pocket lane connected to the right side in order to circumvent from the three-lanes of the fourth-lane road near the Ulsan-dong Office of Education in Ulsan-gu, Ulsan-dong, Ulsan-do, and also went along the fourth-lane of the said road, and also, the Plaintiff’s vehicle and the Defendant’s vehicle entered the chemical team in front of the front side and caused damage to the chemical (hereinafter “instant accident”).

C. On May 16, 2017, the Plaintiff paid KRW 1,700,000 as its repair cost to the Fire Team’s management office.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made by negligence without taking necessary measures, such as concession or speed reduction, in spite of the change of the course of the Plaintiff’s vehicle prior to the Defendant vehicle at the time, and the occurrence of the instant accident was considerably contributed. The negligence of the Defendant vehicle at least 30% is recognized. Therefore, the Defendant is obliged to pay KRW 510,000, which is equivalent to 30% of the insurance money paid by the Plaintiff, to the Plaintiff.

나. 피고의 주장 피고 차량이 4차로를 주행하다가 우회전하기 위해 포켓차로에 진입하던 순간 원고 차량이 깜빡이를 켜는 등 아무 신호 없이 갑자기 피고 차량 앞으로 무리하게 끼어들다가 피고 차량과 충격하면서 양 차량이 함께 화단으로까지 이탈한 것이고, 이러한 사고의 경위에 비추어 보면 이 사건 사고는 원고 차량의 일방 과실로 인하여 발생한 것이므로 피고는 원고의 구상금 지급청구에 응할...