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(영문) 서울중앙지방법원 2015.01.23 2014나57111

구상금

Text

1. Of the judgment of the court of first instance, 163,600 won and its annual 5% from June 21, 2014 to January 23, 2015, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with AF (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with BF (hereinafter “Defendant”).

B. On June 18, 2014, around 08:35, the Defendant’s vehicle driven four lanes among the five-lane roads located in the Dondong-dong, Chungcheongnam-gu, Gwangju.

At the time, in the fourth-lane where the Defendant’s vehicle was under way, the number unfolded passenger car was under way. However, the bus stopped on the right side of the front side of the said front-standing passenger car, which was moving to the left side, was moving to change its course to the left side, and the above-learning passenger car reduced its speed.

Accordingly, the Defendant’s vehicle, which was proceeding following the above flive passenger vehicle, has changed its course to three lanes to avoid the above flive passenger vehicle, and immediately after the change of the course of the Defendant’s vehicle, the above flive passenger vehicle was changed to three lanes; the Defendant’s vehicle changed its course to three lanes, and the following ranked.

At the time, the CA car driven in the three-lane following the Defendant vehicle moved rapidly to a rapid change of the lane, and was operated a sudden operation. The Plaintiff vehicle driven behind the C car, which led to the said C car, led to the rapid change of the C car.

Then, the DA car, which was followed by the Plaintiff’s vehicle, has moved back to the rear of the Plaintiff’s vehicle, and due to the shock, the Plaintiff’s vehicle was pushed down on the front section, and the latter was re-scept back of the C car.

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

On June 20, 2014, the Plaintiff paid KRW 818,000 at the repair cost of the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings

2. The driver of the Plaintiff’s vehicle in relation to the instant accident, in light of the developments leading up to the instant accident revealed in the said recognition.