(영문) 대전지방법원 2017.03.30 2016나110312

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(영문) 대전지방법원 2017.03.30 2016나110312

구상금

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1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

Basic Facts

The Plaintiff is the insurer of the automobile comprehensive insurance for A (hereinafter referred to as the “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract for B (hereinafter referred to as the “Defendant vehicle”).

Around 21:40 on May 26, 2016, the Defendant’s vehicle driven along the two lanes on the two lanes in front of the D station in Asia-si, Asan-si, and changed the course into one lane. In order to proceed again into a two lane, the part on the left side of the Plaintiff’s vehicle proceeding in the same direction as that of the Defendant’s vehicle, while changing the two lanes into a two lane, was shocked into the right side of the Defendant vehicle.

(hereinafter “instant accident”). E on board the Plaintiff’s vehicle due to the instant accident suffered injury.

As the insurer of the Plaintiff vehicle, the Plaintiff paid the insurance proceeds of KRW 850,00 on June 16, 2016, KRW 19,760 on September 8, 2016, and KRW 45,660 on September 26, 2016.

[Ground of recognition] A, A, A, 5, A, 6, B, 1, and B, the purport of the entire pleadings, and the following facts: (a) the Plaintiff’s assertion that the Defendant vehicle had entered the two-lanes in violation of the career change method; (b) the instant accident occurred by entering the two-lanes; and (c) the Plaintiff’s vehicle proceeding in accordance with the two-lanes in the same direction was impossible to avoid the Defendant vehicle.

Since the negligence of Defendant vehicle falls under 100%, the Defendant should pay the Plaintiff the total amount of the Plaintiff’s payment amount of KRW 915,420 and the damages for delay.

The defendant's assertion that the accident of this case contributed to a considerable portion of the negligence of the plaintiff vehicle.

The driver of any motor vehicle in the laws and regulations regarding the occurrence of liability for damages shall be likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course.

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