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(영문) 서울중앙지방법원 2020.07.07 2019가단5253031
구상금
Text

1. The Defendant’s KRW 21,874,895 as well as 5% per annum from April 13, 2019 to July 7, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty C on the automobile (hereinafter “Plaintiff”) with Nonparty C, and the Defendant is a mutual aid business entity who entered into an automobile comprehensive mutual aid agreement with Nonparty E and F personal taxi (hereinafter “Defendant”).

B. (i) On February 16, 2019, Nonparty E driving the Defendant’s vehicle and driving the two-lanes of the fourth line road of 4-lane in front of the valley in Seocho-gu Seoul, Seocho-gu, Seoul, at the Hun-ro GyeongIC room, the two-lanes of the fourth line are changed into one-lane, and the change of the two-lanes is almost completed. At the time of the change of the one-lane, the Plaintiff of Nonparty G driving on the said road, depending on the one-lane, driven at a speed that the Plaintiff’s vehicle driving on the said road was driven at a speed that the Plaintiff’s vehicle driving on the said road without speed, led to a strong shock on the right side of the Plaintiff’s vehicle.

(이하 ‘이 사건 사고’라 한다). ⑵ 이 사건 사고의 충격으로 피고 차량은 중앙분리대용 화단으로 튕겨 올라가, 화단에 심어져 있는 나무에 피고 차량 앞 범퍼 우측 부분이 강하게 충격하면서 정차하였다.

C. (i) The specific situation at the time of the instant accident (i.e., the location of the instant accident is the fourth-lane road at a speed of 60 K km per hour, and at the time of the instant accident, the first-lane is driving almost normal, while the second and the third-lanes were driving at a speed of less than the first-lane.

See The Defendant’s vehicle is proceeding in two lanes.

The vehicle line was changed to the first lane, and even at the time when the defendant vehicle began to change to the first lane, the image of the plaintiff vehicle was not visible in the black box image installed to photograph the inside of the defendant vehicle.

Consolidatedly, under the circumstance that the vehicle traffic is proceeding at a relatively rapid speed of at least 60K in speed depending on the one-lane, the Defendant enters the two-lane to the one-lane as above.

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