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(영문) 서울중앙지방법원 2016.08.18 2015나73257

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. Facts of recognition;

A. With respect to Aenz E300 Vehicles (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to BNF rocketing vehicles (hereinafter “Defendant vehicle”).

B. Around 17:40 on December 29, 2014, the Defendant’s vehicle parked on the right side side of the Defendant’s vehicle, the front side of the D Hospital located in Seongbuk-gu, Changwon-si, Sungwon-si, in the two-lane road. As the Plaintiff’s vehicle tried to change the lane in the direction close to the right side of the vehicle as the Plaintiff’s own one-lane, the vehicle caused an accident of shocking the front side of the Plaintiff’s right side of the vehicle running along the other side of the Defendant’s vehicle while trying to change the lane in the direction close to the right side.

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

On January 27, 2015, the Plaintiff paid KRW 16,913,00 at the repair cost of the Plaintiff’s vehicle, and thereafter filed a request for deliberation against the Defendant for payment of KRW 16,913,00 with the Deliberation Committee on indemnity. On March 31, 2015, the Deliberation Committee ordering the payment of KRW 13,930,40 by deeming the Defendant’s negligence as 10%, and ordering the payment of KRW 13,930,40 on July 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. Comprehensively taking account of the above recognized facts as to the cause of the claim and the purport of the entire pleadings on the video of the evidence No. 4, the defendant vehicle attempted to change the lane in an abnormal manner without considering the progress of the vehicle to be changed, without considering the situation of the vehicle to be changed and driving safely in the event of changing the lane after parking, despite the duty of care to prevent the accident, and as such, trying to change the lane in the direction close to the angle, as the driver did not neglect the duty of care to prevent the accident. In light of the above circumstances of the accident, the accident of this case is likely to cause the accident of this case.