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(영문) 서울중앙지방법원 2017.08.23 2017나3214
구상금
Text

1. Of the judgment of the first instance, the Plaintiff’s KRW 184,800 against the Defendant and its related amount from November 13, 2015 to August 23, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A-to-pubed vehicles (hereinafter “Plaintiff”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B cargo vehicles (hereinafter “Defendant”).

B. On October 28, 2015, around 14:33, the Plaintiff’s vehicle driven along a two-lane at the entrance of the road between Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-dong, Sung-gu, Sungnam-dong, and changed the vehicle to a one-lane to enter the area of the branch bank, and the front part of the Plaintiff’s left part of the front part of the Defendant’s vehicle, where the Seoul and the water bank runs along a one-lane, while changing the vehicle to a one-lane to a one-lane.

(hereinafter “instant accident”). The road status and the point where the instant accident occurred, Seoul and the point where the instant accident occurred at the Seogs bank (hereinafter “instant accident”). The location where the instant accident occurred

C. The point where the instant accident occurred is a two-lane road, and the point where the instant accident occurred starts to begin a reedthing length divided into a subdivision, Seoul, and west and west sides, and thus the first line moves in both directions.

The current status of roads and the location of the site where the instant accident occurred and the location of the original and the Defendant’s vehicle at the time of the instant accident are as follows.

At the time of the instant accident, the Defendant’s vehicle located in the Plaintiff and the Defendant’s vehicle

D. On November 13, 2015, the Plaintiff paid KRW 308,000 of the insurance money as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 7, 13 (including provisional numbers) and the purport of the whole pleadings

2. Determination

A. The following facts are acknowledged in full view of the aforementioned evidence and evidence as well as the statements in the evidence Nos. 9 and 10, and the witness C and D’s testimony as a whole.

1 The Plaintiff’s vehicle used the direction direction, etc. on the left side in order to proceed as a part of the partition while driving the two-lanes at the time of the instant accident, and attempted to enter the same one-lane.

However, it is a vehicle running one lane.

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