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(영문) 서울남부지방법원 2019.07.11 2018나66218
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

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with the E vehicle (hereinafter “Defendant”).

B. On March 8, 2018, around 21:50, as of the 21:50 square meters, an accident occurred that the Defendant’s vehicle successively changed the vehicle from four lanes to three lanes, two lanes, and one lane on the road in which the Defendant vehicle was located, and the Plaintiff’s vehicle proceeding behind the Defendant vehicle in the first lane, as the front part, fell into the rear part of the Defendant vehicle (hereinafter “instant accident”).

C. On March 23, 2018, the Plaintiff paid insurance proceeds of KRW 6,617,000 at the cost of repairing the Plaintiff’s vehicle.

(other than 500,000 won). [Reasons for recognition] / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 9, each entry or video of Eul evidence 1 through 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s vehicle driver, who is the Defendant’s assertion, neglected to perform such duty of care and neglected to change the course in a safe manner while changing the vehicle’s attitude, but caused the instant accident by negligence. The Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the insurance money of KRW 6,617,00 and the damages for delay thereof paid to the Plaintiff. (ii) The Defendant’s alleged vehicle is obliged to pay the Plaintiff the insurance money of KRW 6,617,00,00 and the damages for delay thereof, even though the Plaintiff’s vehicle was negligent in driving the vehicle without speed, and the instant accident was caused by the negligence of the Plaintiff’s vehicle driver by neglecting its duty of care and neglecting its duty of care, and there was no negligence of the Defendant’s driver.

(b) judgment;

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