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(영문) 부산지방법원 2018.06.28 2017나54401

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the owner of the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On September 25, 2015, around 09:00, the Plaintiff’s vehicle driven along six lanes of the six-lane road traveling along the Gangseo-gu Busan Metropolitan Government Branch Science Complex and the new harbor, and there was an accident of collision with the Defendant’s vehicle driving along five-lanes of the said road (hereinafter “instant accident”).

C. The instant accident requires KRW 5,150,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The parties' assertion

가. 원고의 주장 원고 차량은 이 사건 사고 당시 6차로를 정상적으로 주행하고 있었는데, 5차로를 진행하고 있던 피고 차량이 깜빡이를 켜는 등의 어떠한 신호도 없이 갑자기 6차로로 차선을 변경하면서 후행하던 원고 차량을 충격한 것으로, 이 사건 사고는 피고 차량의 일방 과실로 인하여 발생하였으므로 피고는 원고 차량의 수리비로 지출된 5,150,000원을 원고에게 지급할 의무가 있다.

B. The Defendant’s assertion that the instant accident occurred in the process of changing the vehicle from the five lanes to the six lanes, but rather occurred in the process of changing the vehicle from the six lanes to the five lanes. In light of the circumstances of the instant accident, the instant accident occurred due to the Plaintiff’s negligence, and thus, the Defendant cannot respond to the Plaintiff’s claim for the payment of indemnity.

3. In full view of the overall purport of the pleadings in the statement No. 6, the Plaintiff’s vehicle stopped on the two-lanes of the road in the direction and calendar direction immediately after the instant accident occurred, and the Defendant’s vehicle driven along.