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(영문) 서울중앙지방법원 2018.09.19 2018나34147

구상금

Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to B rocketing vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to C (hereinafter “Defendant vehicles”).

B. On July 21, 2017, the driver of the Defendant’s vehicle driving the Defendant vehicle on the front side of the Defendant vehicle and driving the Defendant vehicle on the front side and front side of the Defendant vehicle in the direction of the eight-lane in the direction of the Defendant vehicle while changing the lane from the third lane to the eight-lane in the front side of the two-lanes in the two-lanes located near the two-lanes.

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

On August 17, 2017, the Plaintiff paid KRW 2,399,000 in total to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3, 5, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) at the time the Plaintiff’s vehicle was normally straighted without changing the vehicle line, but the Defendant’s vehicle crossed the three lanes to eight lanes, and changed the vehicle line in front of the Plaintiff’s vehicle.

In particular, the Defendant’s vehicle was able to first send the Plaintiff’s vehicle or change the vehicle from the front line to the Plaintiff’s front line, but the instant accident occurred while changing the vehicle from the front line to the Plaintiff’s vehicle immediately adjacent to the Plaintiff’s vehicle. The Plaintiff’s driver could not expect or avoid the movement of the Defendant’s vehicle.

Therefore, the accident of this case is due to the total negligence of the driver of the defendant vehicle, and the plaintiff is due to the accident of this case for A, the insured of the plaintiff vehicle.