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(영문) 서울중앙지방법원 2016.12.22 2016나32598

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

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 August 26, 2015, around 14:35, the Plaintiff’s vehicle driven along the two-lanes of the two-lanes of the two-lanes from the remote distance of a branch hospital in the Gangnam-gu Seoul Metropolitan Government, to the air-conditioning area in the air-conditioning area of the air-conditioning area. However, on the three-lane of the above road, there was an accident where the front part of the Defendant’s vehicle, which was followed by the Plaintiff’s vehicle, and the lower part of the right side of the Plaintiff’s vehicle, conflict within the intersection (hereinafter “instant accident”).

C. On September 16, 2015, the Plaintiff paid KRW 920,000 as repair expenses.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 and 2, or the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant’s vehicle was responsible for the occurrence of the instant accident, because the vehicle was changing rapidly from the three lanes to the two lanes, resulting in the instant accident by conjecting the back part of the right side of the Plaintiff’s vehicle. Accordingly, the Defendant asserted that the Plaintiff’s vehicle was the Defendant’s vehicle, rather than the Plaintiff’s vehicle changed the course from the two lanes to the three lanes, and the front part of the Defendant’s vehicle was shocked, and thus, the Plaintiff’s vehicle’s negligence is larger.

B. The following circumstances, i.e., the private distance at the Dog Hospital, the accident site of this case, is where the road having four-lanes from the educational dynamics to the intersection passes along the intersection, and the right-hand turn at the center is lost, and the right-hand turn at the intersection is reduced to three-lanes, and the above accident site is connected to the road bend through the intersection, and the passage through the intersection is to maintain one’s own car line in order to keep it. The submitted evidence alone is between the original and the Defendant’s vehicle.