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(영문) 서울중앙지방법원 2020.06.04 2019나55783
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The following are the developments leading up to the accident (hereinafter “instant accident”).

At the time of the accident, the insured vehicle of the Plaintiff related to the insurance (hereinafter “Plaintiff”), Defendant Insured Vehicle C (hereinafter “Defendant Vehicle”) around 15:5 on March 18, 2019, as of March 18, 2019, the 200,000 won self-payment of the insured self-payment of the insured self-payment of the insured self-payment of the insured self-payment of the insured self-payment of the insured self-payment of the insured self-payment of the Plaintiff vehicle, the Defendant vehicle in the situation of the collision between the five lanes and the three lanes of the vehicle Acheon-dong, Seo-gu, Daejeon, Seo-gu, Daejeon.

B. On March 28, 2019, the Plaintiff paid KRW 3,182,00,000, after deducting KRW 200,000 of the self-paid charges for damages, such as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that the instant accident occurred in the course of changing the Defendant’s vehicle from the five-lane to the three-lane, and thus, the Plaintiff could not anticipate the progress of the Defendant vehicle as the driver of the Plaintiff’s vehicle. As such, the Plaintiff asserts that the instant accident is entirely responsible for the instant accident and that the Plaintiff claims the full amount of the insurance money paid by the Plaintiff against the Defendant.

(2) As to this, the Defendant asserts that the negligence of the Plaintiff’s driver should be taken into account, since the Plaintiff’s vehicle at the time of the instant accident was sufficiently aware of the change in the course of the Defendant vehicle.

B. (1) The following circumstances, i.e., the statement of direction at 30 meters before reaching the point where the act is intended to change the course, which are known by adding the overall purport of the pleadings to the images in the evidence Nos. 4 and 5 of the right of indemnity (Article 38 of the Road Traffic Act, Article 21 and Table No. 2 of the Enforcement Decree of the Road Traffic Act), are changed by safely one-lanes.

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