beta
(영문) 서울중앙지방법원 2016.09.01 2015나59725

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant, and the costs of appeal are assessed against the defendant.

Reasons

1. Facts of recognition;

A. In relation to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract regarding the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

B. At around 15:10 on January 18, 2015, the Defendant’s assistant intervenor drivened the Defendant’s vehicle at an elevated level near the Ethnsan City, and lowered to the lower end of the road, and changed from the third lane of the said road to the two-lanes, the Defendant’s assistant intervenor shocked the part of the front part of the Plaintiff’s vehicle, which was driven on the right side of the front left side of the Defendant’s vehicle, into the front part of the lower part.

(hereinafter “instant accident”). C.

On March 31, 2015, with respect to the instant accident, the Plaintiff paid KRW 963,000 as the repair cost for the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the evidence and the purport of the entire pleadings as seen earlier, the instant accident appears to have occurred due to the mistake of changing the fleet from the three-lane, the main lane, to the above two-lane without properly examining the Plaintiff’s vehicle, which was normally driven on the two-lanes of the front road, while the Defendant, as a result of the instant accident caused by the preceding error, is obliged to pay the Plaintiff the above insurance money and the damages for delay paid by the Plaintiff in relation to the instant accident caused by the preceding error.

B. On the part of the defendant's assertion, the defendant, at the time of the accident in this case, has stopped a large number of vehicles in the same lane and three lanes, and the location of the accident in this case can change the lanes.