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(영문) 서울중앙지방법원 2017.10.20 2017나41315

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, and those resulting from the participation in the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to Branchis (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to Cone Stars (hereinafter “Defendant”).

The plaintiff assistant intervenor is the driver of the plaintiff vehicle.

B. The Plaintiff’s vehicle, around 18:50 on December 22, 2016, tried to change the lanes to four lanes in the actual line section where the change of lanes is prohibited while driving along five lanes in accordance with the 88 Olympic Games south Korea-gu, Gangnam-gu, Seoul Metropolitan Government Consect. < Amended by Act No. 14178, Dec. 22, 2016>

The right side of the defendant vehicle, which changed from the third lane to the fourth lane, was shocked into the left side of the plaintiff vehicle.

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

On January 12, 2017, the Plaintiff paid insurance proceeds of KRW 770,701 at the cost of repairing the Plaintiff’s vehicle.

[Ground] Facts without dispute, Gap evidence Nos. 2, 3, 6, and 8, Gap evidence Nos. 5, 10 through 12, Eul evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is that the accident of this case is rapidly changed from the two lanes to the four lanes by the Defendant vehicle.

The defendant asserts that there is negligence on the part of the defendant's vehicle due to the shock accident of the plaintiff's vehicle which has already entered the four lanes, and the defendant's change of course from the new section where the plaintiff's vehicle is prohibited from changing its course to four lanes, while the defendant's vehicle has already entered the four lanes.

Since the accident of this case occurred, it is proved that there was a total negligence on the Plaintiff’s vehicle.

B. In other words, at the time of the instant accident, the four-lanes of the instant vehicle were driven by the vehicle due to traffic congestion and the Defendant vehicle was also driven by the four-lanes. At the time of the instant accident, the Defendant’s vehicle according to the video of the evidence A No. 5, which completed the instant change of the vehicle.