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(영문) 대전지방법원 2016.12.23 2016나107248

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

Basic Facts

The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to Asi (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer that entered into a comprehensive motor vehicle mutual aid agreement with respect to B Passenger Vehicles (hereinafter referred to as “Defendant Vehicles”).

피고 차량 운전자는 2015. 12. 23. 15:05경 대전 서구 둔산대로117번길 128 대전케비에스방송국 앞 편도 4차로 중 4차로에서 1차로로 차로변경을 하다가 초원아파트 방면에서 상아아파트 방면으로 1차로를 직진 중인 원고 차량의 앞 전면 부위를 피고 차량의 운전석 쪽 측면 부위로 충격하였고, 원고 차량은 그 충격으로 튕겨나가 유턴구역에 정차중인 다른 차량을 충격하였다

(hereinafter “instant accident”). On February 18, 2016, the Plaintiff paid KRW 2,100,000 as the repair cost of the Plaintiff’s vehicle.

[Based on the fact that there is no dispute, each entry in Gap evidence Nos. 1 through 4 (including the virtual number), and the argument of the purport of the whole argument by the parties to the instant accident occurred due to the unilateral negligence of the defendant vehicle entering the four lanes by rapidly changing the first lane from the four lanes without fulfilling the duty of care necessary for changing the lanes. Thus, the defendant is liable to pay the plaintiff who acquired the right of indemnity in accordance with the subrogation of the insurer under the Commercial Act the damages amounting to 2,100,000 won and damages for delay.

The instant accident occurred by the negligence of the Plaintiff vehicle, which failed to perform the duty of care necessary for changing lanes, due to the mistake of the Defendant vehicle and the negligence of the Plaintiff vehicle that failed to perform the duty of care necessary for the change of lanes, and the negligence ratio is about 40% of the Plaintiff vehicle and 60% of the Defendant vehicle, and thus, the Defendant vehicle’s liability cannot be recognized for the part exceeding

Judgment

When it is anticipated that the driver of any motor vehicle may impede normal traffic of other motor vehicles running in the direction of change of course.

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