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(영문) 서울중앙지방법원 2018.05.21 2017나77062
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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with the Defendant Company B (hereinafter “Defendant Vehicle”).

B. On December 31, 2016, around 17:10 on December 31, 2016, the Plaintiff’s vehicle was driving the Olympic Games, as it was located in the territory of the National Assembly of Yong-dong, Yeongdeungpo-gu, Seoul, to a three-lane road as a lock room from the Kimpo bank. However, while the Defendant’s vehicle driving on the two-lane of the said road changed its lane to a one-lane, the front part of the Plaintiff’s right upper part on the left side of the Defendant’s vehicle was shocked into the front part on the left side of the vehicle

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

On May 2, 2017, the Plaintiff paid 4,980,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-charges of KRW 500,000) as insurance money.

【Ground for recognition】 The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 5, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s alleged vehicle was normally driven at the first lane at the time of the instant accident, but the Defendant’s vehicle was generated by changing the lane from the second lane to the first lane without examining the movement of the surrounding vehicle. As such, the instant accident was caused by the total negligence of the Defendant’s vehicle.

B. According to the above facts and the evidence mentioned above, the accident of this case is a situation where the main negligence of the defendant vehicle that attempted to change the lane from the later side to the first lane without properly examining the plaintiff vehicle in the latter side while proceeding in the second lane, and the vehicle that attempted to enter the Olympic road from the front side to another road is frequently changed from the front side of the road adjacent to the balkh, and the vehicle that want to enter the Olympic road to another road. Therefore, it is obliged to drive safely with due care so as to prevent the collision with the vehicle changing the lane.

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