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(영문) 서울중앙지방법원 2017.05.22 2016나62452

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A in accordance with the size of the passenger vehicle owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is a mutual aid association which entered into a mutual aid agreement with the C cab (hereinafter “Defendant”).

B. On November 19, 2015, the Plaintiff, as the spouse of the Plaintiff, paid KRW 473,000,000 for consolation money and future treatment expenses, etc. to D, who is the driver of the Plaintiff’s vehicle, as insurance money, KRW 602,360 for medical expenses that D received from the injury caused by the instant accident (hereinafter “instant accident”). < Amended by Act No. 129, Jan. 29, 2016; Act No. 129360, Jan. 29, 2016>

On November 4, 2015: The details of the accident in the vicinity of an apartment site near the new intersection in Yangcheon-gu Seoul Metropolitan Government: The driver of the defendant vehicle is driving along one lane among the roads above the three-lanes in the above temporary border.

After changing the two-lanes into the intersection, the driver of the plaintiff vehicle neglected the duty to stop in front of the vehicle moving along the front line and the duty to drive the vehicle in front of the vehicle moving along the front line while driving in front of the vehicle, and due to the fact that the plaintiff's vehicle driving along the three-lanes of the above road changed the vehicle to the two-lanes, and due to the fact that the plaintiff's vehicle driving along the three-lanes of the above three-lanes of the road, the driver of the plaintiff vehicle shocked the front part of the vehicle left ahead of the right side of the defendant vehicle, resulting in the plaintiff's driver's D's injury on the front part of the left side of the vehicle

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 7, 8, 9, Gap evidence Nos. 3, Eul evidence Nos. 2 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition of liability and liability ratio, the instant accident attempted to change the lane in a narrow space between the stiffe and the driver's negligence of the Defendant who violated the duty of care to take the movement of the next vehicle vehicles and drive safely.