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(영문) 서울중앙지방법원 2018.11.21 2018나45031

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. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the owner and operator of B vehicle (hereinafter “Defendant vehicle”).

B. On January 29, 2018, at around 16:55 on January 29, 2018, the Plaintiff’s vehicle driven a two-lane road near the Busan Eastdong-gu hot spring flown, into a two-lane, a straight line, and turned the two-lane into a one-lane, which is left left-hand and left-hand.

The defendant vehicle stops from the first lane of the above road to the signal atmosphere, and the plaintiff vehicle is trying to enter the front of the defendant vehicle to damage the left side of the plaintiff vehicle to the left side of the plaintiff vehicle, and subsequently, after entering the front of the plaintiff vehicle, the plaintiff vehicle passed the vehicle, and the front part of the plaintiff vehicle was shocked on the right side of the defendant vehicle.

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

On February 6, 2018, the Plaintiff paid KRW 1,507,890 as insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1, the purport of the whole statement, video, or pleading

2. The assertion and judgment

A. The Plaintiff’s alleged vehicle confirmed that the Defendant’s vehicle was a stop, and changed the lane into a one-lane. The Defendant’s vehicle involved in the instant accident caused the instant accident while overtaking the Plaintiff’s vehicle in an unreasonable central line. As such, the instant accident occurred by the total negligence of the Defendant’s vehicle.

B. The following circumstances that can be acknowledged by the evidence mentioned above, and even if the Plaintiff’s vehicle had already started to enter the lane of the Defendant’s vehicle before the instant accident occurred, the Defendant’s vehicle overtakes the Defendant’s vehicle with the intent not to permit the entry of the Defendant’s vehicle, and the Plaintiff’s vehicle proceeds from the alteration of the lane.