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(영문) 서울남부지방법원 2017.05.25 2016나63635

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The basic facts

The Plaintiff is an insurer who has concluded an automobile insurance contract in connection with the AA vehicle (hereinafter referred to as the “Plaintiff vehicle”), and the Defendant is the insurer who has concluded the automobile insurance contract in connection with the B vehicle (hereinafter referred to as the “Defendant vehicle”).

B. On June 3, 2016, 12:22, the Plaintiff’s vehicle shocked the back portion of the Defendant’s front side of the front side of the vehicle, which was driven on the road of the Do road of the Do road for the exclusive use of the Do road of the Do road on the front side of the front side of the vehicle while driving on the Do road of the Do road for the use of the Do road

(hereinafter “instant accident”). C.

The Plaintiff paid KRW 352,00 (the deducted amount) to the repair cost for the parts damaged by the Plaintiff’s vehicle due to the accident in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 5

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred is the obligation to pay KRW 352,00 as the repair cost paid by the Plaintiff and the delay damages therefrom, since the Defendant’s vehicle, which was driven in the three-lanes where the Plaintiff’s vehicle was driving in the two-lanes, did not discover the Plaintiff’s vehicle and changed the two-lane lanes.

(2) The Defendant’s assertion that the instant accident occurred while the Plaintiff’s vehicle driving in the two lanes was changing to the third lane, which led to the Plaintiff’s negligence.

B. In light of the parts of the Plaintiff’s vehicle and the Defendant’s vehicle’s damaged part (the damaged part of the Plaintiff’s vehicle is the front side part of the right side, while the damaged part of the Defendant’s vehicle is the front side part of the cargo loading box, the location of the vehicle at the time of the accident, the location of the vehicle after the accident, and the stop location after the accident, the instant accident occurred after changing the vehicle’s two lanes into three lanes, while the Plaintiff’s vehicle driving the two lanes from the front side part of the Plaintiff’s right side side part of the vehicle.