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(영문) 서울중앙지방법원 2018.11.07 2018나30312

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

1. Basic facts

A. As to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with respect to B truck (hereinafter “Defendant’s vehicle”).

B. On October 15:50 on October 10, 2017, the Plaintiff’s vehicle was proceeding as one lane a three-lane road near the 1547 Northwest-gun, Gyeongdong-do. However, the freight truck running on the front bank changed the two-lanes from the three-lanes to the two-lanes. As such, the Plaintiff’s vehicle stopped near the freight truck.

Plaintiff

The defendant vehicle, which was proceeding behind the vehicle, did not discover that the vehicle of the plaintiff was stopped as above and proceeded as it is, so that the part of the plaintiff vehicle was strongly shocked by the front part of the defendant vehicle.

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

By October 24, 2017, the Plaintiff paid an insurance amount equivalent to KRW 26,760,000 as repair cost for the instant accident.

【Ground for recognition】 The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 7, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s alleged truck that changed the lane in the front section and the otoba, which was proceeding behind the vehicle, are likely to change the lane as a single lane, making it possible to reduce the speed by measures to prevent the accident. The Defendant’s vehicle neglected to perform the duty of the front sectioning, without ensuring the safety distance, led to the Plaintiff’s collision with the Plaintiff’s vehicle without recognizing the Plaintiff’s vehicle to reduce the speed.

Therefore, the accident of this case is caused by the defendant's total negligence.

B. The following circumstances can be acknowledged by comprehensively considering the purport of the entire arguments in the evidence mentioned above, and the driver of any motor vehicle shall not temporarily stop the motor vehicle unless it is necessary to prevent any danger and other inevitable circumstances. The motor vehicle of the plaintiff is the cargo truck on the front section.