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(영문) 서울중앙지방법원 2017.09.13 2017나30384
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

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 the bus B (hereinafter “Defendant”) with respect to the vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with the bus B.

B. On September 9, 2016, around 14:00, the Plaintiff’s vehicle attempted to change the course of the vehicle parked on the fourth lane in the direction of the 33-9 Southern Savings Bank, along the Sungnam-si, into the fourth lane in the direction of the 3-9 Southern Savings Bank. However, the Defendant’s vehicle, who attempted to change the course from the second lane to the third lane, attempted to change the course on the other side of the Plaintiff’s vehicle to the right side, caused an accident attributable to the front part of the left front part of the Plaintiff’s vehicle.

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

On October 21, 2016, the Plaintiff paid KRW 4,692,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 1 to 3, or the purport of whole pleadings

2. The assertion and judgment

A. The gist of the party's assertion 1) The plaintiff is proceeding on the left side of the plaintiff's vehicle, which led to the accident in this case due to the total negligence of the defendant's vehicle that avoided the plaintiff's vehicle and proceeds from the change of course, and thus, the defendant is obligated to pay the plaintiff the repair cost equivalent to the repair cost. 2) Accordingly, the defendant asserts that the plaintiff's vehicle changed the lane from four lanes to three lanes on his own, while the defendant's vehicle almost completed the change of the lane into three lanes, and the accident in this case occurred. Thus, the negligence of the defendant's vehicle is about 10%.

B. The following circumstances, which are acknowledged by taking full account of the above facts recognized as well as the evidence mentioned above, namely, a vehicle driver who changes the lane as the place where an accident occurred is a large number of vehicles in which the accident occurred, is not only a front line, but also a safe direction-setting situation, such as the rear side and the right side side.

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