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(영문) 서울중앙지방법원 2016.10.14 2016나35818

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 has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On August 18, 2015, around 13:14, 2015, the Defendant’s vehicle changed the two lanes into the two lanes near the new road in Guro-gu Seoul Metropolitan City, Guro-gu, into a four-lane road, the front side of the Plaintiff’s vehicle driving along the two-lane (hereinafter “instant accident”). As a result, the Defendant’s vehicle was destroyed by C (hereinafter “victim”) driving a one-lane due to a strike away from the Plaintiff’s vehicle.

C. On November 23, 2015, the Plaintiff paid KRW 500,000 as insurance money under the pretext of the repair cost of damaged vehicles.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1 and 3 (including each number), video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred because the defendant's vehicle driving the three-lanes at the time changed the two-lanes to the two-lanes, and the negligence of the defendant's vehicle driving the accident is about 90%, so the defendant should pay to the plaintiff 450,000 won (=50,000 won x 90%) and damages for delay for the payment of the insurance money paid by the plaintiff to the plaintiff. 2) The defendant is driving the vehicle normally in the three-lanes, the two-lanes to the left, but the plaintiff's vehicle waiting at the time changed the two-lanes to the three-lanes to the two-lanes to the left, and thus the accident of this case occurred, the defendant's liability to compensate for the above accident occurred due to the plaintiff's negligence.

B. Comprehensively taking account of the above evidence.