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(영문) 서울남부지방법원 2016.06.10 2015나58704
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

Facts of recognition

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A rocketing car (hereinafter “Plaintiff”), B food 308 car (hereinafter “Defendant vehicle”).

B. Around 07:50 on September 23, 2014, the Defendant’s vehicle runs along a two-lane between the three-lanes of the front line and the rear part of the Plaintiff’s vehicle, which was going on a one-lane in the front line at the time of the horse, was shocked into the front line and the rear part of the Defendant’s vehicle.

(hereinafter “instant accident”).

C. On March 27, 2015, the Plaintiff paid insurance proceeds of KRW 130,900 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, or the fact that the purport of the whole pleadings and arguments is determined, the defendant's vehicle is negligent by neglecting its duty of care in driving to change the lane with due care in a safe way while changing the lane, and by neglecting its duty of care in driving to change the lane.

(A) The plaintiff asserts that the vehicle of the defendant is negligent in changing the lane in the white real line where the change of the lane is prohibited, but the white real line section is only between the two lanes and the three lanes, and since the vehicle of the defendant is a white line with the one lane that changes the lane, the above argument cannot be accepted). However, according to the video of the certificate Nos. 4 and 5, while the vehicle of the defendant is stopped or very slow due to the body of the one lane, the plaintiff tried to change the lane from the two lanes to the one lane, it can be recognized that the accident of the accident of this case occurred while the vehicle of the defendant is proceeding at a sudden speed. The plaintiff also does not look closely into the situation of the progress of the vehicle of the defendant vehicle and does not permit the change of the vehicle of the defendant vehicle.

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