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(영문) 서울중앙지방법원 2017.06.14 2016나53199

구상금

Text

1. Of the judgment of the first instance, the Defendant’s KRW 182,00 among the judgment of the first instance is 5% per annum from January 26, 2016 to June 14, 2017 to the Plaintiff.

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 January 9, 2016, at around 12:29, the Plaintiff’s vehicle entered the lane with the four-lanes in front of the CFCO in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, and the Defendant’s vehicle, which had been preceding four-lanes, attempted to change the lanes into three-lanes, and entered the four-lanes. A traffic accident that shocks the left side of the Plaintiff’s vehicle with the front left side part of the Defendant’s vehicle (hereinafter “instant accident”).

C. On January 25, 2016, the Plaintiff paid KRW 260,000 of the insurance money as the repair cost for Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, Eul evidence or video evidence 3, the purport of the whole pleadings

2. In full view of the above recognition facts as to the cause of the claim, the instant accident was caused by the negligence of the Defendant’s driver, who tried to change the vehicle line on a road where traffic is frequent, but went back to the original vehicle, without properly examining the traffic situation. Meanwhile, the Plaintiff’s driver was negligent in not bringing attention to the Defendant’s attention, such as changing the vehicle line to a narrow space at the time, but giving light by examining the movement of Defendant’s vehicle. In addition, the instant accident contributed to the occurrence of the said accident.

As such, it shall be considered.

In light of the above circumstances of the accident, the negligence of the driver of the plaintiff vehicle shall be 30%, and the negligence of the driver of the defendant vehicle shall be 70%.

Therefore, the defendant's 182,00 won, 70% of the insurance money paid by the plaintiff to the plaintiff, and the defendant's 260,000 won, following the date of the payment, is a considerable dispute over the existence and scope of the defendant's responsibilities from January 26, 2016.