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(영문) 서울중앙지방법원 2018.06.15 2018나1765

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. The Plaintiff is an insurer who entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile insurance contract with B (hereinafter “Defendant”) with respect to the vehicle.

B. On January 30, 2017, the Defendant vehicle: (a) as a dry field of Han field in Daejeon, Seosung-gu, Daejeon; (b) as a dry field, at a speed of about 10km, the four lanes from the five-lane road at the speed of about 10km long from the inseminator’s speed, conflict with the Plaintiff vehicle, which was straightened at a speed of about 60km long from the five-lane road at a speed of about 60km long.

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

On April 19, 2017, the Plaintiff paid KRW 5,254,00 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5, and Eul evidence 7 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant vehicle's change of the vehicle line was caused by the accident of this case, and thus, the accident of this case was caused by the unilateral negligence of the defendant vehicle. The defendant asserts that the plaintiff vehicle, which was proceeding in the future, changed the vehicle line from four lanes to five lanes, did not properly examine the movement of the defendant vehicle and continued the accident of this case to a speed of more than 70%, and therefore, the negligence ratio of the plaintiff vehicle is at least 70%.

B. In full view of the overall purport of the evidence revealed earlier, the following circumstances, namely, the Plaintiff’s vehicle, while proceeding four-lanes on the road involved in the accident, verified that signal, etc. had a waiting vehicle on the fourth lane, and changed the vehicle to five-lane. A change in the vehicle line was in conflict with the Defendant vehicle at the time of the change in the vehicle line and the progress of 2-30 meters. At the time of the accident, the driving speed of the Plaintiff’s vehicle at the time of the accident is 60km.