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(영문) 서울남부지방법원 2017.04.14 2016나61387

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with Nonparty A’s B SP vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with Csch Rexroth vehicle (hereinafter “Defendant vehicle”).

B. On February 13, 2016, at around 21:00, Nonparty A driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle along the four-lane road near the gallonian Sgallonym in Gangnam-gu Seoul, Gangnam-gu, Seoul, and the Defendant vehicle driver, who was driven at the two-lane road in the same direction, rapidly changed the vehicle to the one-lane left side by the direction direction, etc. (hereinafter “instant accident”). In the process of changing the vehicle to the other-lane, there was an accident in which Nonparty A had contact the front and the left side of the Defendant vehicle (hereinafter “instant accident”).

C. On February 19, 2016, the Plaintiff paid insurance proceeds of KRW 861,860, which deducts KRW 215,000 of the repair cost of the Plaintiff’s vehicle from KRW 1,076,860.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers), Eul 1 evidence or video, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (1) asserts that the instant accident occurred in the course of changing the runway beyond the median line without operating the direction direction, etc. to enter the runway while the Defendant’s vehicle is proceeding in a way similar to the Plaintiff’s vehicle on the two-lane, and that the instant accident occurred due to the overall negligence of the Defendant’s driver.

(2) As to this, the Defendant’s presumption that the Defendant changed the vehicle’s own course with the intent to enter the runway beyond the median line is nothing more than the Plaintiff’s presumption, and if the Defendant’s vehicle used direction while driving slowly and changed the vehicle normally from the two-lane to the one-lane, the accident occurred in the course of the change of the vehicle’s length, and the Plaintiff’s vehicle was also driving safely by looking at the movement of the Defendant vehicle, the accident can be prevented.