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(영문) 서울중앙지방법원 2016.09.23 2016나3194

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. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who entered into a mutual aid agreement with respect to the Defendant’s vehicle B (hereinafter “Defendant”).

B. Around 11:55 on April 3, 2014, the driver of the Defendant’s vehicle driven the Defendant vehicle to drive along the four lanes from five lanes at the 364km point in the border road located in Pyeongtaek-si-dong, and attempted to change the two lanes to three lanes, the previous C vehicle (hereinafter “victim”) changed to three lanes at the same time, and the Plaintiff’s vehicle driving the two lanes changed to two lanes to avoid this, and the Plaintiff’s vehicle driving the two lanes changed to three lanes while leaving the center in the process of avoiding the Defendant’s vehicle rapidly.

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

By May 28, 2014, the Plaintiff paid KRW 1,268,00 as repair cost of the Plaintiff’s vehicle, and KRW 2,980,00 as repair cost of the damaged vehicle, respectively.

[Reasons for Recognition] Facts without dispute, entry or video of Gap's evidence 1 to 3 (including each branch number in the case of additional number) and the purport of whole pleadings

2. In full view of the developments leading up to the instant accident, the number and degree of the collision of the original Defendant’s vehicle and the damaged vehicle, etc., the instant accident is deemed to have occurred due to the gross negligence of the Defendant’s vehicle driver who rapidly changed the vehicle from the fourth to the second vehicle. The mere fact alleged by the Defendant alone is difficult to recognize that there was any negligence on the part of the Plaintiff’s vehicle or the driver of the damaged vehicle who changed the vehicle at the same time during the process of avoiding the Defendant’s vehicle, and there is no other evidence to acknowledge otherwise.

Therefore, the defendant paid to the plaintiff 4,248,00 won = 1,268,00 won. 2.