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(영문) 서울중앙지방법원 2017.04.28 2016가단153814

구상금

Text

1. The Defendant’s KRW 40,957,600 for the Plaintiff and KRW 5% per annum from December 2, 2016 to April 28, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is a mutual aid business operator who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. At around 20:51 on November 11, 2016, A driven the Plaintiff’s vehicle, and changed the three-lanes into the four-lanes of Samsung Digital three-lane prior to the Samsung Digital three-lane located in Suwon-dong, Sinwon-si, into the four-lane in order to move back the Defendant’s vehicle behind the Plaintiff’s vehicle while proceeding along the Defendant’s vehicle in front of the Plaintiff vehicle, and moved back the Defendant vehicle behind the Defendant vehicle in the right-hand direction to a new direction. On the left-hand side of the Plaintiff’s vehicle, A was faced with an accident that: (a) the part of the Defendant’s vehicle moving in the right-hand direction, such as the Plaintiff’s vehicle, in front of the right-hand part of the Defendant’s vehicle moving in the direction of a new direction,

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

After the instant accident, on December 1, 2016, the Plaintiff paid KRW 51,197,000 to the said A as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 7, Eul evidence 3, video (including branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the time of the instant accident, the Plaintiff’s assertion by the parties is proceeding four lanes prior to the Defendant’s vehicle, which was proceeding on the left-hand side in order to turn back the Plaintiff’s vehicle to a new direction.

In the course of the right transfer of the Plaintiff’s vehicle into the right side while the Defendant’s vehicle, which was driven on the three-lanes of the right side, was in the process of the right transfer of the Plaintiff’s vehicle to the right side, and the accident of this case was entirely caused by the negligence of the Defendant’s vehicle.

As to this, the defendant is a large cargo vehicle.