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(영문) 서울중앙지방법원 2016.11.18 2016나23334

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement on the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer that entered into an automobile insurance contract on the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On June 12, 2015, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the two-lanes of the three-lanes in front of the Seoul Songpa-gu Seoul Metropolitan Government White Already, with a view to avoiding a collision with the Defendant’s vehicle that changed the three-lanes from the three-lane to the two-lanes, while driving the two-lanes in front of the Plaintiff’s vehicle in front of the Plaintiff’s vehicle in front of the Plaintiff’s vehicle in front of the vehicle in front of the Plaintiff’s vehicle in front of the vehicle in front of the vehicle in front of the Plaintiff’s vehicle in front of the two-lanes.

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

The Plaintiff paid insurance proceeds of KRW 330,060,00 in total, and KRW 3,529,000 in the repair cost of the damaged vehicle by July 27, 2015 due to the instant accident.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap's evidence 1 to 6 (including branch numbers for those with a branch number) and the purport of the whole pleadings

2. The assertion and judgment

A. As to the accident of this case alleged by the plaintiff, the defendant vehicle was negligent in attempting to change the vehicle from the three lanes to the two lanes, and the aforementioned ratio of the negligence of the defendant vehicle reaches 70%. Thus, the defendant is obligated to claim the amount equivalent to the ratio of the responsibility of the driver of the defendant vehicle, out of the insurance money paid by the plaintiff to the plaintiff.

B. In full view of the above facts of recognition and the above evidence, the following circumstances, namely, the defendant vehicle operated a direction-setting, etc. before changing the vehicle from three lanes to two lanes, but without considering the distance with the damaged vehicle, the vehicle affected by changing the lane and stopping the damaged vehicle into a car so as to avoid a collision with the defendant vehicle.