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(영문) 서울남부지방법원 2020.09.11 2019나63209

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

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

B. On January 26, 2018, around 19:15, an accident occurred that contacts the left side of the Plaintiff’s vehicle and the right side of the Defendant’s vehicle, following the passage of a lutool in the vicinity of the lutolutoluene located in the lutoluth City, Seo-gu.

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

On March 18, 2019, the Motor Vehicle Insurance Claim Deliberation Committee decided to set the rate of negligence related to the instant accident at 50% and 50% of the Defendant’s vehicle on the ground that there is a difference in arguments between the two arguments about the background of the instant accident and there is a lack of evidence to prove it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 3, 4, and 6 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s instant accident was caused by Defendant’s unilateral negligence in breach of the duty of care at the time of changing the lane, and thus, the Defendant is obliged to pay the Plaintiff the amount of money stated in the purport of the claim with the amount of indemnity.

(2) The instant accident was caused by the Plaintiff’s shocking of the Defendant’s vehicle, which had attempted to change the lane to a one-lane after passing through a two-lane, and the primary negligence on the occurrence of the accident is against the Plaintiff’s vehicle.

B. (1) Although there is no material to verify the specific details of the instant accident, the form of the road, the progress of the vehicle, the damaged part of the Plaintiff’s and the Defendant’s vehicle at the time of being informed of the aforementioned evidence.