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(영문) 서울중앙지방법원 2018.04.09 2017나66550

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. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”) for the vehicle B (hereinafter “Defendant vehicle”).

B. On December 9, 2014, around 15:10, while the Plaintiff’s vehicle is proceeding one lane near the D Hospital located in Seo-gu, Seo-gu, Seo-gu, Seoan-gu, the vehicle changed to the left lane from the point where the left and left turn turn turn turn on the left side of the first lane. While the Defendant’s vehicle proceeding with the first road in front of the Plaintiff’s vehicle and entered the left turn on the left side, the left part of the Plaintiff’s front part of the vehicle left behind the left side of the Defendant’s vehicle.

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

On February 26, 2015 and January 18, 2017, the Plaintiff paid KRW 22,680,680 in total with the agreed amount of KRW 458,00,00 in the hospital treatment expenses of the Plaintiff’s driver of the instant vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred from the entry of the defendant vehicle into the left-hand lane in order to make an illegal U.S., and that the defendant must pay the insurance money and damages for delay paid by the plaintiff to the plaintiff, since the responsibility of the accident in this case is entirely against the defendant vehicle.

In this regard, the defendant asserts that the accident of this case occurred due to the violation of the duty of front-time repair of the plaintiff vehicle and the failure of safety distance. The responsibility of the accident of this case is entirely against the plaintiff vehicle.

B. Examining the reasoning of the judgment, the location of the stopping of the Plaintiff and the Defendant’s vehicle after the instant accident, the collision level between the Plaintiff’s and the Defendant’s vehicle, the skiing mark of the Plaintiff’s vehicle, etc., the Plaintiff’s vehicle is not sufficiently secured while proceeding at a rapid speed at the time of the instant accident.