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(영문) 서울중앙지방법원 2020.08.19 2020나8158
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 concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On May 21, 2019, around 20:50, the Plaintiff’s vehicle went through the Seocho-gu Seoul Seocho-gu Seoul E (Seoul Seocho-gu) and entered the six-lanes of the six-lanes between the six-lanes, and entered the five-lanes. The Defendant’s vehicle driving the four-lanes on the same road as the Defendant’s one in F in the direction of a erouds street, and driving the five-lanes into the five-lanes, and the two-lanes conflict with the lower left side of the Plaintiff’s vehicle and the lower side of the Defendant’s vehicle.

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

On June 3, 2019, the Plaintiff paid KRW 1,096,80 as insurance money after deducting KRW 273,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 1, or the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the instant accident occurred due to the Plaintiff’s failure to perform the duty of driving or safe driving, and the rapid change of course without operating the direction direction, etc., which led to the occurrence of the instant accident. As such, the instant accident occurred due to the total fault of the Defendant’s vehicle.

Therefore, the defendant is obligated to pay 1,096,800 won and damages for delay paid by the plaintiff to the plaintiff.

B. At the time of the instant accident, the Plaintiff’s vehicle was negligent in not examining whether there is a risk of obstructing the passage of other vehicles after the instant accident occurred from the TIC and changing the lane from the right side of the road to the two sides, even though it is necessary to enter the two lanes from the six lanes to the five lanes, and the Plaintiff’s fault ratio is more than 40%.

3. Determination

(a) the percentage of fault;

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