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(영문) 서울중앙지방법원 2015.08.27 2014나52024
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

The first instance court.

Reasons

1. Basic facts

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

B. On November 1, 2013, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle, driving the Plaintiff’s vehicle on the right side of the D vehicle (hereinafter “victim”), and driving the two-lanes of the lane from C to the Seoan IIC room in the direction of the Seoan City, Ansan-si. On the other hand, when the Plaintiff discovered the Defendant vehicle that changed the vehicle from the three-lanes to the two-lanes in front of the direction of the Plaintiff’s driving, and the rapid change of the vehicle to the one-lane, there was an accident that conflict between the two-lanes of the Plaintiff’s vehicle and the two-lanes of the D vehicle (hereinafter “the instant accident”).

C. By March 20, 2014, the Plaintiff paid KRW 313,200 for the repair cost of the damaged vehicle with the insurance proceeds arising from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1 and 2, or the purport of the whole pleadings

2. The assertion and judgment

A. At the time of the instant accident, the Plaintiff asserted that the instant accident occurred as the Plaintiff’s vehicle and the Defendant’s vehicle did not directly conflict with one another, allowing the Plaintiff’s vehicle driver to change the lane from the three lanes to the two lanes, and the instant accident occurred due to the Plaintiff’s fault on the front part of the Defendant’s vehicle driver. As such, the Defendant, the insurer of the Defendant’s vehicle, is liable to compensate the Plaintiff for the insurance money paid by the Plaintiff who acquired by subrogation the right to claim damages against the Defendant for the damaged vehicle. However, the Defendant confirmed the vehicle from the three lanes to the two lanes.

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