(영문) 서울중앙지방법원 2018.04.13 2017나37576

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Reasons

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(영문) 서울중앙지방법원 2018.04.13 2017나37576

구상금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

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

B. On June 1, 2016, around 11:58, the driver of the Plaintiff’s vehicle C was driving two lanes of the secondary line road located in Mapo-gu Seoul Metropolitan Government D, Escambmarket, which is located in front of the second line, from the new middle school room of the Plaintiff’s vehicle.

The driver of the defendant vehicle F is driving ahead of the plaintiff vehicle in the same direction as the other side of the vehicle, and the driver of the defendant vehicle tried to change the vehicle from the first lane to the second lane in the vicinity of the access road to the Esmarket which is right side of the proceeding direction.

During that, there has been an accident where the part on the right side and right side of the Defendant vehicle and the part on the left side of the Plaintiff vehicle are contacted (hereinafter “instant accident”). (C)

On February 15, 2017, the Plaintiff paid KRW 350,000 with the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1 to 4, Eul evidence 6 (including paper numbers) and images, Gap witness C and F respectively, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred when the Defendant’s driver did not complete the alteration of the vehicle, immediately two lanes from the first lane, and attempted to make a right-hand turn to the Esmarket access road. Therefore, the Defendant is obliged to pay the Plaintiff the insurance money paid by the Plaintiff as a reimbursement for the damages. 2) The instant accident occurred due to the Plaintiff’s negligence by the Plaintiff’s driver who did not discover the Defendant’s vehicle that had not discovered the change of the vehicle.

B. The reasoning of the lower judgment in light of the entirety of the evidence duly admitted.

유사 판례

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