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(영문) 창원지방법원 2016.12.08 2016나55565
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 442,60 on May 26, 2016.

Reasons

1. Basic facts

A. On May 7, 2016, at around 21:47, A driven a B-owned vehicle (hereinafter “Defendant vehicle”) and proceeded along three-lanes in front of the Private Forest Civil Service Center, which is located in the blind road of the window of Changwon-si, along three-lanes, while driving a D-owned vehicle (hereinafter “Plaintiff”) and stopping at a two-lane, and then stopping the Defendant vehicle at a three-lane, while changing the vehicle into the three-lane, A stopped the Defendant vehicle or concealed the back-lane of the Plaintiff vehicle on the left-hand side of the Defendant vehicle without avoiding the Plaintiff vehicle.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has entered into an insurance contract with C on the damage of the plaintiff's vehicle, and the defendant is an insurer who entered into an insurance contract on the damage of the substitute caused by A and the defendant

C. On May 25, 2016, the Plaintiff paid KRW 2,213,00 as repair cost for the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 3, 4, 6 evidence, Eul’s 1, 2, and 3, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s vehicle stops once, but slowly changed the three-lane, and thus, if the Defendant’s vehicle viewed the front door while securing a safe distance, the Plaintiff’s vehicle was negligent in neglecting it, even though it could sufficiently avoid the change of the four-lane after discovering the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle without lowering the speed.

Therefore, since the accident of this case occurred entirely by negligence of the defendant vehicle, the defendant should pay to the plaintiff the full amount of the repair cost that the plaintiff paid to C.

B. In order for the Plaintiff’s vehicle to change the lane, the instant accident occurred due to negligence on the part of the Plaintiff’s vehicle, and the Defendant’s vehicle changed the lane.

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