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(영문) 서울중앙지방법원 2019.07.10 2019나3218

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. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as "Plaintiff vehicle") shall be the insured vehicle.

Defendant-backed vehicle (hereinafter referred to as “Defendant-paid vehicle”).

C On March 26, 2018, around 11:42 on March 26, 2018, at the location of Seoul Seocho-gu, Seocho-gu, Seoul, the following parts of the Plaintiff’s vehicle, which was rapidly parked as shown in the attached Form No. 12,197,00 won, after the Defendant’s vehicle paid the insurance money that was entirely estimated by the Defendant’s vehicle to the front part of the site of the accident. The fact that there is no dispute over the payment of KRW 12,197,00 on May 29, 2018, A’s evidence Nos. 1 through 11, E’s evidence No.

2. Determination

A. According to the above evidence, the driver of the Plaintiff’s vehicle and the Defendant’s driver’s vehicle’s fault ratio can be acknowledged that the driver of the Plaintiff’s vehicle was forced to change the vehicle from three lanes to four lanes in the instant accident place.

However, while the driver of the Plaintiff’s vehicle is changing the vehicle line without causing any trouble to the traffic of the vehicle in the same direction, it can be recognized that the previous vehicle driving on the three-lane before the Plaintiff’s vehicle was parked in order to prevent the sudden defect. Thus, the Plaintiff’s driver cannot be deemed to have committed any negligence on the part of the Plaintiff’s vehicle in the instant accident.

On the other hand, according to the above evidence, in particular, according to the video of the evidence evidence No. 1, the driver of the defendant vehicle who tried to change the fleet from the fourth to the third-lane of the accident site of this case, the driver of the vehicle of this case can recognize the fact that the front vehicle of the plaintiff while looking at the left hand and doing an act of entering the vehicle by looking at the left hand, and without any restriction, continued to see that the driver of the vehicle of this case was negligent by the part of the driver of the defendant vehicle of this case.

B. Accordingly, according to the theory of lawsuit, the defendant shall pay 12,197,000 won as indemnity to the plaintiff and the payment date of insurance money.