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(영문) 서울중앙지방법원 2015.01.29 2014나26285
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 each automobile insurance contract with Nonparty A with respect to C urban bus owned by Nonparty passenger Co., Ltd. (hereinafter “Defendant”) with respect to the BD car owned by Nonparty A (hereinafter “Plaintiff vehicle”).

B. At around 08:22 on December 3, 2012, D, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle along the first lane among the first four-lane roads in front of the F.D., D, following the said two-lane road, and changing the course into the first lane, caused the collision between the left-hand part of the Defendant’s vehicle and the front part of the lower part of the Plaintiff’s vehicle, which changed into the first lane (hereinafter “instant accident”).

C. On August 9, 2013, the Plaintiff paid KRW 8,779,000 at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there is no dispute, Gap’s 1, 2, 4, and Gap’s 5-1 through 6, the purport of the whole pleadings or videos

2. The assertion and judgment

A. The gist of the Plaintiff’s claim is that the instant accident occurred when the Defendant’s vehicle driven along the right side of the Plaintiff’s vehicle driving along a two-lane road at the point of the accident, which was rapidly changed from the front side of the Plaintiff’s vehicle to the front side, resulting in the Defendant’s fault. Therefore, the instant accident occurred due to the Defendant’s fault.

Therefore, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay the Plaintiff the repair cost of the Plaintiff’s vehicle as insurance money, which is equivalent to KRW 8,779,00,000 equivalent to the above insurance money, and delay damages.

B. According to the facts acknowledged prior to the determination, the fact that the Defendant’s vehicle driving the two-lane immediately preceding the point of the accident changed the course to one-lane and the instant accident occurred is recognized.

However, the plaintiff's assertion that the defendant's vehicle immediately before the occurrence of the accident in this case moved back from the two-lane, the right side of the plaintiff's vehicle, and changed the course into the one front of the plaintiff's vehicle.

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