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(영문) 서울중앙지방법원 2018.12.12 2018나55137
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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

B. Around 10:02 on February 20, 2018, the Defendant’s vehicle runs along the three-lanes of the five-lane road located in Sungnam-si, Sungnam-si, in the direction of separation, from the direction of separation to the direction of Namsan in the direction of separation. However, the Plaintiff’s vehicle in front of the Defendant’s vehicle changed the two-lanes from the five-lane to the one-lane direction of the Plaintiff’s vehicle, and the front side of the Defendant’s vehicle shocked the front side of the front side of the Plaintiff’s vehicle.

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

As a result of the instant accident, the Plaintiff paid KRW 26,523,860,00 as total insurance money until April 5, 2018, for medical expenses, etc. for E, a passenger of the Defendant vehicle, who is the driver of the Plaintiff’s vehicle, and for repair expenses for the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. Despite the fact that the Defendant’s assertion by the Plaintiff could have confirmed the change of the lane of the Plaintiff’s vehicle at the time of the instant accident, the instant accident did not reduce the speed by neglecting the duty of Jeonju, thereby resulting in the occurrence of the instant accident. The fault ratio of the Defendant’s vehicle in relation to the instant accident ought to be reflected at least 50%.

B. The Defendant’s assertion that the Plaintiff’s vehicle was trying to change the number of lanes in violation of the method of changing the course in the section prohibited from changing the course. The instant accident occurred, and the ratio of the Plaintiff’s vehicle’s fault in the instant accident should be reflected at least 90%.

3. The following facts and circumstances, which are acknowledged by the respective evidence and the purport of the entire pleadings as mentioned above, are lanes from five lanes to three lanes.

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