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(영문) 서울중앙지방법원 2020.07.07 2019나57796
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. Around 16:50 on December 20, 2018, the Plaintiff’s vehicle runs along a two-lane road along the intersection in front of the Fju station located in Yansan-gu, the front line of the Defendant’s seat in front of the front line of the Plaintiff’s vehicle, while the vehicle was parked in the first lane, and the vehicle turned into the second lane in the process of changing the course to the second lane, the vehicle shicked the front line of the Defendant’s seat in front of the front line of the Plaintiff’s vehicle.

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

From January 31, 2019 to February 12, 2019, the Plaintiff paid KRW 3,285,000, which deducts KRW 500,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 1 to 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s instant accident occurred when the Defendant’s vehicle entered the intersection in violation of the signal, changing the course to the two-lanes in the intersection, and then overtaking the Plaintiff’s vehicle. As such, the instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle. The negligence of the Defendant’s vehicle that contributed to the instant accident is more than 80%.

Therefore, the defendant is obligated to pay 2,628,00 won and damages for delay equivalent to 80% of the insurance money paid by the plaintiff to the plaintiff.

B. Although the Defendant’s vehicle at the time of the instant accident completed the change of course on the two-lanes, the Plaintiff’s vehicle was rapidly changing course without any signal, and the Defendant’s vehicle was shocking the aspect of the Defendant’s vehicle, and thus, it was impossible for the Defendant to expect the change of course of the Plaintiff’s vehicle.

Therefore, the instant accident is the front part of the Plaintiff’s vehicle.

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