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(영문) 서울남부지방법원 2020.08.14 2019나63452

구상금

Text

Among the judgment of the first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Basic facts

A. As to the Plaintiff’s C Vehicle (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”), respectively.

B. On November 13, 2018, around 10:50 on November 13, 2018, there was an accident that conflicts between the front part of the Plaintiff vehicle's right side and the front part of the Defendant vehicle's left side, which changed the lane into one lane on the three-lane road near the "Fsung Party" located in Nam-gu Busan Metropolitan City E.

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

On December 6, 2018, the Plaintiff paid KRW 1,637,000 insurance money (the amount after deducting KRW 409,000 from its own charges) at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, the purpose of the whole pleadings

2. The assertion and judgment

A. The main point of the assertion (1) The instant accident occurred due to the total negligence of the Defendant vehicle, which clearly violated the method of changing the course of the vehicle and the duty of safe driving and front-down.

(2) The instant accident occurred due to the negligence of the Plaintiff’s vehicle due to the negligence of the Defendant’s vehicle, even though it could have avoided the accident if it had been done by giving due attention to reducing the rate of the negligence of the Defendant’s vehicle, and due to the negligence of the Plaintiff’s vehicle negligent.

B. The following circumstances that can be recognized based on the aforementioned facts and the evidence revealed in the judgment, i.e., roads in which the instant accident occurred, are three lanes and two lanes and three lanes at the time of the accident, and many vehicles are repeated in two lanes and three lanes at the time of the accident. However, the Defendant vehicle entered the right side of the instant road crossing with the instant road from a three-lane, and attempted to change the lane into a one-lane in a very exceptional manner without operating the direction direction, while proceeding almost the two repeated vehicles with the vehicle. ② The Defendant vehicle completed the change into a two-lane from the three-lane to the two-lane.