(영문) 서울중앙지방법원 2019.09.26 2019나4259

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.09.26 2019나4259

구상금

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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. Facts of recognition;

A. The Plaintiff is an association established with a license holder as a member of the Plaintiff, and the member of the standing association is a business that compensates for damages in accordance with the terms and conditions of the agreement in the event of the occurrence of vehicle damage caused by an accident during the period of possession, use, and management of a vehicle. C is the owner of a DNA private taxi (hereinafter “Plaintiff”) and is the Plaintiff’s member of the standing committee.

B. The Defendant is a mutual aid business entity that has entered into a mutual aid agreement on the E-si (hereinafter “Defendant vehicle”).

C. On June 27, 2018, around 00:40 on June 27, 2018, Defendant vehicles run five lanes between the five lanes in the direction of large disease control in the direction of new roads and underground streets.

A lane has been changed to a four-lane, and a three-lane is running on the other two-lanes.

The two-lanes changed into four-lanes, the right side of the Plaintiff vehicle was shocked into the front part of the left side of the Defendant vehicle.

(hereinafter “instant accident”). D.

On August 9, 2018, the Plaintiff paid KRW 2,688,000 for the repair cost of the Plaintiff’s vehicle destroyed by the instant accident to the automobile maintenance business entity that repaired the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident is seeking to change the lane rapidly, and that the Plaintiff claimed the full amount of the repair cost paid by the Plaintiff, claiming that the instant accident occurred due to the unilateral negligence of the Defendant’s driver who shocked the right side of the Plaintiff’s vehicle, which completed the change of lane. 2) As to this, the Defendant is more severe than the Plaintiff’s fault, such as changing the lane without turning the direction direction, etc., and the Plaintiff’s business did not have the substance of the insurance business or the mutual aid business.

유사 판례

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