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(영문) 서울남부지방법원 2020.08.14 2019나62848
구상금
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. As to D vehicles (hereinafter “Plaintiff-2”), Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded an automobile insurance contract with respect to E vehicles (hereinafter “Defendant 1”), and Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to F vehicles (hereinafter “Defendant 2”), respectively.

B. On October 3, 2016, around 21:40, there was an accident in which the front part of the Plaintiff’s vehicle running on the two-lanes of Defendant 1 and the front part of the Plaintiff’s vehicle running on the two-lanes (hereinafter “the primary accident”) came into conflict while Defendant 1 operated direction, etc., and changed the two-lanes in the middle direction of the middle direction of the northwest Highway. On the other hand, there was an accident in which the front part of the Plaintiff’s vehicle running on the two-lanes of Defendant 1 and the rear part of the vehicle stopped on the first accident (hereinafter “the second accident”).

C. On April 10, 2018, the Plaintiff paid insurance proceeds of KRW 3,101,70 (the amount after deducting self-charges) at the repair cost of the Plaintiff’s vehicle for the primary accident, and KRW 8,723,900 at the repair cost of the Plaintiff’s vehicle for the secondary accident.

On the other hand, with respect to the second accident on June 5, 2017, the committee for deliberation on indemnity disputes rendered a mediation decision with the content that the ratio of negligence on each of the plaintiffs' vehicles and the defendants' vehicles shall be 10% of the plaintiff's vehicle, 75% of the defendant's vehicle, and 15% of the defendant's vehicle (hereinafter referred to as "the separate review decision"), and the said decision was finalized on June 30, 2017 as the map of the period for filing an objection.

[Ground of Recognition] The facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 1 (including paper numbers)

2. Determination

A. According to the aforementioned facts and the evidence revealed earlier, the primary accident is prohibited from changing lanes, and Defendant 1’s failure to perform his/her duty of care in changing lanes in the tunnel.

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