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(영문) 서울중앙지방법원 2018.04.16 2017나72357

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. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with B (hereinafter “Defendant”).

B. On August 16, 2016, around 20:38, the Plaintiff’s vehicle was driving along the fourth-lane road in the direction of Kimpo-ro from the upstream of the area north of the Republic of Korea, Yeongdeungpo-gu Seoul Metropolitan Government, along the Olympic Winter Games. However, the Defendant’s vehicle, who entered the five-lane, which was a five-lane for entry into the Olympic Winter Games, changed the lane into the four-lane, was shocked into the left side of the Plaintiff’s vehicle in front of the left side of the Defendant’s vehicle.

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

On February 17, 2017, the Plaintiff paid KRW 377,000 at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole statement, video, or pleading

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred due to the total negligence of the defendant vehicle entering the vehicle that immediately changed the vehicle, even though the vehicle section was prohibited from changing the lane prior to the arrival of the road at the location of the road, and thus, the defendant is obligated to pay the amount equivalent to the insurance money paid by the plaintiff who acquired the right of indemnity to the plaintiff.

B. However, as alleged by the Plaintiff, there is no evidence to prove that the Defendant’s vehicle changed the lane on the front line section, and comprehensively taking account of the evidence and the purport of the entire pleadings as seen earlier, the point where the instant accident occurred is the same as the point where the four lanes and the right side of the said vehicle enter the Olympic Games, and the instant accident is the vehicle of the Defendant’s vehicle seeking to enter the Gohap road without considering the situation of the progress of the Plaintiff’s vehicle and the vehicle on the Gohap road without considering the surrounding area at the point where the road is combined.