beta
(영문) 서울중앙지방법원 2015.10.30 2015나20314

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.The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings on the entries or videos set forth in Gap evidence 1, 3, 4, and Eul evidence 1 to 3:

With respect to A, the Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to B (hereinafter referred to as the Defendant’s vehicle).

B. On May 1, 2014, at around 19:26, the driver of the Defendant vehicle: (a) driven the Defendant vehicle according to the first lane among the two-lane roads along the outer circular Highway in Songpa-gu Seoul, Songpa-gu, in the direction of the transmission road; (b) changed the lane to the right side; and (c) changed the lane to the right side of the Plaintiff vehicle of the Defendant vehicle to enter the transmission road depending on the two-lane of the outer circular Highway in the direction of the transmission road; and (d) shocked the front part of the left side of the Defendant vehicle to the right side of the Defendant vehicle.

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

By May 23, 2014, the Plaintiff paid KRW 1,558,000 of the insurance proceeds from the instant accident to the repair company of the Defendant vehicle.

2. Assertion and determination

A. The plaintiff's assertion 1) The accident of this case occurred while the defendant's vehicle entered the road as a transmission route according to the one lane, and it was caused by the unilateral negligence of the driver of the defendant vehicle. Thus, the defendant who is the insurer of the defendant vehicle is obliged to pay the plaintiff the damages of this case caused by the accident of this case and the damages for delay to the plaintiff who has paid the whole insurance money due to the accident of this case. 2) The accident of this case is that the defendant's entry from the road to the transmission route to the transmission road, and the two lanes are reduced to the one lane, and the vehicle should enter the road in the order. The plaintiff's vehicle going behind the defendant's vehicle, which was going into the one lane, is reduced to the speed and the vehicle of this case is cut to the transmission distance.