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(영문) 서울중앙지방법원 2017.09.15 2016가단5279612

구상금

Text

1. The Defendant’s KRW 23,800,000, and the annual rate of KRW 5% from January 15, 2016 to September 15, 2017, as well as the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A on the B-owned vehicle (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile insurance contract with C on D vehicles (hereinafter “Defendant vehicle”).

B. At around 11:00 on December 7, 2015, C of the instant accident: (a) driven by the Defendant’s vehicle and proceeded with the two-lanes near the Suwon-dong, Suwon-dong, Suwon-dong, in the direction of a mountain direction in the direction of the water source; (b) changed the two-lanes toward the four-lanes in order to proceed in the direction of an excessive direction; (c) followed the left side of the Plaintiff’s vehicle that was proceeding four-lanes in the same direction; and (d) shocked the front side of the right side of the Defendant’s vehicle.

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

The Plaintiff is the insurer of the Plaintiff’s vehicle, and the Plaintiff is the insurer of the Plaintiff’s vehicle to pay the Plaintiff’s insurance proceeds, KRW 29,030,00 on January 14, 2016, and the same year.

4. A total of KRW 30,030,000, including KRW 1 million, was paid.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. The Plaintiff’s summary of the instant accident was caused by the Defendant’s unilateral negligence of the driver of the Defendant’s vehicle driving in violation of the method of career change, etc., and the Defendant is obligated to pay the Plaintiff damages equivalent to the above repair cost amounting to KRW 30,030,000, and damages for delay.

3. Determination

(a) A vehicle that intends to change a lane in which damage compensation liability arises shall not be obliged to change course if it is likely to obstruct the normal traffic of other vehicles running in the direction to which it intends to change, and shall be obliged to change the lane in a safe manner by keeping the traffic situation well.

Nevertheless, the driver of the defendant vehicle is negligent in performing the above duty of care and is located in two lanes at the time of the instant accident.