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(영문) 서울중앙지방법원 2019.08.20 2018가단5243525

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

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

B. Around 15:40 on September 25, 2018, the driver of the Defendant’s vehicle driven the four-lanes among four-lanes on the coast guard road along the two-lanes through the two-lanes, the two-lanes, and the four-lanes, and the two-lanes of the Plaintiff’s vehicle, changing the course to the route into the intersection of the expressway branch, were shocked into the front part of the Defendant’s vehicle.

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

On October 31, 2018, the Plaintiff paid KRW 23,700,00 for the repair cost of Plaintiff’s vehicle, and KRW 11,327,675 for G vehicle repair cost and belongings as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 1, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred due to the negligence of the driver of the defendant vehicle, and thus, the plaintiff sought a reimbursement for the full amount of the insurance money paid by the defendant.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the purport of the entire arguments in the evidence revealed earlier, i.e., the driver of any motor vehicle, when intending to change the course of the motor vehicle is likely to impede the normal traffic of any other motor vehicle running in the direction of the change, shall not change the course. The location of the accident in this case is a quarter of the expressway, and the driver of the motor vehicle in this case neglected the duty of care to prevent collision with the Defendant that the driver of any other motor vehicle driving on the four-lanes by changing the three-lanes into the one in order to immediately drive the two-lanes of the expressway, while driving on the expressway at the same time.