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(영문) 서울중앙지방법원 2020.02.04 2019나54902
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. With respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On September 10, 2018, around 08:24, the Plaintiff’s vehicle driven from the first lane in the vicinity of the light-sponsor E apartment in light of light-sponsor on the three-lane, and the two-lane course was changed to the next three-lane via the second two-lane, the left side of the Defendant’s vehicle driven in the same direction and the front part of the right side of the Plaintiff’s vehicle were shocked.

(hereinafter “instant accident”). C.

Based on the above insurance contract on September 21, 2018, the Plaintiff paid KRW 304,640,000, excluding KRW 200,000,000 for the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence No. 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) At the time of the instant accident, there was a space where the Defendant’s vehicle stopped but could change course in front of the Defendant vehicle, and the Plaintiff’s vehicle attempted to change course. However, the Defendant’s vehicle was able to discover or discover the Plaintiff’s vehicle seeking change of course, and the instant accident occurred, and thus, the Defendant’s fault at 30% should be recognized. 2) The instant accident occurred when the Defendant’s vehicle attempted to change course in an unreasonable manner without examining the Defendant’s vehicle’s attitude. Thus, the Plaintiff’s accident occurred entirely due to the Plaintiff’s fault.

B. The following circumstances, i.e., (i) it is difficult to view that there was a sufficient space between the defendant vehicle and the front vehicle at the time of the accident in this case, to the extent that the other vehicle could change its course, taking into account the overall purport of the images and arguments of the evidence Nos. 5 and 6.

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