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(영문) 서울남부지방법원 2018.07.12 2018나51247
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. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On January 26, 2017, around 08:35, the Plaintiff’s vehicle that almost completed the left turn at the one-lanes of the two-lanes in the intersection near the apartment complex of the Jinnsan-si, Ansan-si, an apartment complex of an apartment complex of an apartment complex, which is located in the vicinity of the Plaintiff’s vehicle, attempted to change the two-lanes, and the Plaintiff’s vehicle that completed the left turn at the two-lanes in the front part of the Plaintiff’s vehicle (hereinafter “victim’s vehicle”) led to an accident that shocks the front part of the left part of the vehicle of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On February 20, 2017, the Plaintiff paid KRW 1,880,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident, as well as KRW 1,979,200 for the repair cost of the damaged vehicle, KRW 1,332,250 for the agreed fee and treatment cost of the victimized vehicle driver D, and KRW 1,327,350 for the damaged vehicle E for the agreed fee and treatment cost.

On the other hand, the defendant's vehicle, while making a left-hand turn before the occurrence of the accident in this case, was cut down due to the road ice and 360 degrees back, was stopped at a number of times in a part of the safety zone at the center of the road and the first lane, and tried again at the time of the accident in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 8, 9, 10 and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion was caused by the negligence of the Defendant’s driver on the ground that the instant accident occurred when the Plaintiff’s driver changed the lane in order to avoid this, on the wind that the Defendant’s vehicle stopped in the safety zone was fast down.

Therefore, the defendant, who is the insurer of the defendant vehicle, shall pay to the plaintiff 6,518,880 won and this.

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