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(영문) 서울중앙지방법원 2017.09.29 2017나36863

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

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. On February 8, 2017, around 12:38, the Defendant’s vehicle runs along the two-lanes of the three-lane roads in front of the Daejeon Jung-gu Cultural Winter Military Manpower Administration.

In the process of changing the lane into one lane, the part on the left side of the defendant vehicle, which is the front part of the right side of the plaintiff vehicle, was shocked.

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

On February 10, 2017, the Plaintiff paid insurance proceeds of KRW 361,460 on the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 3 and the purport of the whole pleadings

2. According to the above facts of recognition, the accident of this case occurred due to the main negligence of the defendant vehicle that attempted to alter the vehicle line, even though it is likely to obstruct the passage of the plaintiff vehicle driving in one lane.

On the other hand, it is reasonable to view the negligence ratio between the plaintiff vehicle and the defendant vehicle as 30:70 in consideration of all the circumstances indicated in the record, such as the circumstance of the accident in this case, the damaged part, and the degree of damage, etc., as well as the negligence ratio of the plaintiff vehicle and the defendant vehicle.

[The plaintiff asserts that the defendant vehicle did not operate the direction, etc. on the left-hand side, but it is not verified that the defendant vehicle did not operate the direction, etc. on the image of the black image (Evidence No. 2) only, but it does not contain any content that the defendant vehicle did not operate the direction, etc. on the accident investigation paper (Evidence No. 7) prepared by the accident investigation team at the accident scene of the plaintiff). Therefore, the defendant 253,022 won ( = 361,460 x 0.7) and the insurance money claimed by the plaintiff on the day following the day of payment of insurance money.