beta
(영문) 인천지방법원 2018.10.19 2018나1988

구상금

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Dsi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to E vehicle (hereinafter “Defendant vehicle”).

B. Around 10:00 on January 26, 2017, the Defendant’s vehicle proceeding the three-lanes of the four-lane road (passway) in front of the FF-do at Sinung-si, Incheon, from the boundary of the new shooting distance to the four-lanes, and there was an accident of shocking the back part of the left side of the Plaintiff’s vehicle, which was proceeding the four-lanes of the above four-lanes on the right edge of the Defendant’s vehicle while changing its course to the four-lanes.

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

On February 16, 2017, the Plaintiff paid KRW 1,129,000 as the repair cost of the Plaintiff’s vehicle according to the instant accident.

[Ground of recognition] Unsatisfy, each entry or video of Gap evidence 1 to 7 (including branch numbers for those with a satisfy number) and the purport of whole pleadings

2. The parties' assertion

A. The instant accident occurred due to the Plaintiff’s change of course into four-lanes by the Plaintiff’s vehicle, while the Defendant’s vehicle was in the signal atmosphere, and thus, the instant accident occurred by fault of 100% of the Defendant’s driver.

B. The driver of the Plaintiff’s vehicle could fully identify the Defendant’s vehicle’s attitude in advance from the three-lanes of the front line to the four-lanes, and thus, the driver’s negligence of the Plaintiff’s vehicle should be deemed to be more than 20%.

3. The following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, namely, ① the instant accident occurred while the Defendant’s vehicle was in the course of changing the course, and thus, the Defendant’s negligence is basically significant. However, the instant accident site is a road of four-lanes in which the vehicle traffic is frequent, and the bus stop is located next to the bus stop, and the Plaintiff’s driver needs to prepare against the frequent change of the vehicle vehicle.