beta
(영문) 서울중앙지방법원 2016.01.21 2014나61424

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the vehicle A owned and B driving C A (hereinafter “Plaintiff vehicle”), with respect to the vehicle E at the horse set owned by D (hereinafter “Defendant vehicle”).

B. Around 04:59 on April 13, 2014, D driven the Defendant’s vehicle, driving the Defendant vehicle along the three-lanes leading to the entry into North Korea, among the three-lane roads located in the Gayangdong in Mapo-gu Seoul, Mapo-gu, Seoul, into the North Korean bank from the Southern intersection, and the two-lanes expanded from the two-lanes to the four-lane (including the three-lanes leading to the above entry lamps). When the two-lanes came into the above entry lamps section, D attempted to change the course into the four-lanes, while trying to change the course into the four-lane course, the part back to the left side of the Plaintiff’s vehicle running along the four-lane above at the time, followed by the two-lanes of the Defendant vehicle with the upper right-hand one.

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

On June 2, 2014, the Plaintiff paid KRW 215,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 8 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserted by the parties that the accident in this case did not properly take into account the situation of the lane intended to change, and that the driver of the defendant vehicle who tried to change the lane inevitably shocked the plaintiff vehicle that had already completed the change of the lane, and that there was a negligence on the part of the defendant. On the other hand, the defendant asserted that the plaintiff who followed the defendant vehicle had been negligent on the part of the defendant vehicle, was trying to overtake the defendant vehicle in an unreasonable manner without considering the progress situation of the defendant vehicle properly, and thus, the accident in this case occurred, the plaintiff's negligence on the part of the plaintiff.

3. The following circumstances, i.e., the Plaintiff’s vehicle at the time of the instant accident, which can be acknowledged by comprehensively taking account of the purport of the entire arguments on the evidence mentioned above (in particular, video materials of each vehicle attached to the record):