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(영문) 서울중앙지방법원 2015.06.05 2014나24425

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with the Plaintiff’s cargo vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has concluded a comprehensive motor vehicle mutual aid contract with the B chartered bus vehicle (hereinafter “Defendant”).

B. At around 10:45 on May 14, 2012, C discovered that the cleaning vehicles, military vehicles, and working vehicles are located at approximately 300 meters in the front section of the national road of the two-lane in Yangyang-gun, Yangyang-si, Yangyang-si, Gyeonggi-do, while driving the two-lanes of the national road of the two-lanes in Yangyang-si, Yangyang-si, Gyeonggi-do, and found that the cleaning vehicles, which were located at the two-lanes, enter the first lane and cut down at a speed. In such case, the Plaintiff, who was behind the Defendant’s vehicle, went into the Dong, and turned into the front part of the Plaintiff’s vehicle, and turned into the front part of the latter part of the Plaintiff’s vehicle.

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

On July 12, 2012, the Plaintiff paid insurance proceeds of KRW 1,966,80 in total with the repair cost of the Plaintiff’s vehicle.

[Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. The plaintiff's assertion that the accident in this case occurred is that the defendant vehicle rapidly changes the two lanes from the two lanes to the one other, and that the plaintiff vehicle was sbroomed to avoid drilling with the defendant vehicle, but it was broomed to broom, and the plaintiff vehicle's negligence at least 70% in the occurrence of the accident in this case. Thus, the defendant is obligated to pay to the plaintiff the indemnity amount of KRW 1,376,760 (i.e., repair cost of KRW 1,96,80 x 0.7).

3. According to the above recognition fact, the defendant's vehicle has the wind that the cleaning vehicle, which was parked on the two-lanes prior to the occurrence of the accident in this case, is trying to enter one lane for itself while the vehicle has already completed the change of the lane prior to the occurrence of the accident in this case and has moved on the two-lanes. Accordingly, the defendant's vehicle has a wind to enter one lane for itself.