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(영문) 서울중앙지방법원 2015.08.28 2015나13842

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is a person who is liable to compensate for an accident during his official duty in the USFA pursuant to the Korea-U.S. Administrative Agreement (SO.).

B. On January 23, 2014, at around 12:17, the spouse C driven the Plaintiff’s vehicle, driving the five-lane of the five-lane road near the remote distance in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and entering the four-lanes from the point where five-lanes coincide with the four-lanes, and collisioned with the said four-lane vehicle belonging to the U.S. Armed Forces in Korea (hereinafter “Defendant vehicle”).

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

On February 28, 2014, the Plaintiff paid KRW 3,724,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident to A as insurance proceeds.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap's evidence 1 to 4 (including branch numbers for which a branch number is attached) and the purport of the whole pleadings

2. The above facts of recognition are as follows. The accident of this case, namely, at the point where the two lanes are combined, can be seen as an accident occurred during the change of the lane because the plaintiff's vehicle was shocked by the defendant's vehicle in the original lane while changing the lane. If the vehicle is changed, the driver of the vehicle who intends to change the lane has a duty of care not to obstruct the other vehicle's proceeding, and the vehicle is seen as proceeding ahead of that of the plaintiff's vehicle because the front side of the right side of the plaintiff's vehicle and the left side of the defendant's vehicle are shocked, the accident of this case is trying to enter the vehicle of the defendant's vehicle without reducing the speed without properly recognizing it.