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(영문) 대전지방법원 2020.10.22 2019나120921

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who entered into a car mutual aid agreement with D buses (hereinafter “Defendant”).

B. On May 13, 2019, the Plaintiff’s vehicle was straighted in the two lanes near the Hannam-dong, Taedong-gu, Daejeon on May 13, 2019. On the other hand, the part on the right side of the Defendant’s vehicle, which changed from the first lane to the right side, was shocked into the front side of the Plaintiff’s vehicle.

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

On May 28, 2019, the Plaintiff paid KRW 175,000 after deducting KRW 200,000 of its own shares from the insurance proceeds from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s assertion that the Plaintiff’s vehicle was pushed ahead with the moving line of the Plaintiff’s vehicle, and the driver of the Plaintiff’s vehicle was unable to avoid the instant accident because it was difficult to identify the Defendant’s vehicle due to the Plaintiff’s vehicle A.D.

Therefore, since the accident of this case occurred due to the negligence of the driver of the defendant vehicle, the defendant should pay the plaintiff the insurance money of 175,000 won and damages for delay paid by the plaintiff to the insured of the accident of this case.

B. The following circumstances, i.e., the overall purport of the arguments, which are acknowledged in addition to the evidence revealed earlier, namely, ① the driver of the Defendant vehicle is obligated to change the vehicle in such a way as not to obstruct the passage of the vehicle by ascertaining whether the vehicle is driven on the two lanes for the change of the vehicle. ② The point at which the instant accident occurred is the place where the bus operating the specified routes frequently attempted the change of the vehicle from the bus exclusive lane to the next lane, and the driver of the Plaintiff vehicle is the driver of the vehicle.