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(영문) 서울남부지방법원 2017.05.19 2016나63697
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 June 20, 2015, around 16:12, the 4th line of the Dok-si, Jinsan-si, Jinsan-si, Seoul Metropolitan City, which is the main point of the project for the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projecting of the projected projecting of

C. On July 9, 2015, the Plaintiff paid insurance proceeds of KRW 2,570,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

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

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Plaintiff’s shock of the Plaintiff’s vehicle, which was caused by the previous negligence of the Defendant’s driver on the ground that the instant accident occurred due to the Plaintiff’s shocking the Plaintiff’s vehicle, which was in normal straight driving at four-lanes, beyond four lanes due to the rapid change of the vehicle along the four-lanes.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. (1) Article 19(3) of the Road Traffic Act provides that “All drivers of vehicles shall not change their course when it is likely to impede normal traffic of other vehicles running in the direction to which they intend to change their course.”

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