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(영문) 부산지방법원 2018.04.19 2017나49799
구상금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with A and B automobiles (hereinafter “Plaintiff”), and the Defendant is the owner of C (hereinafter “Defendant”).

B. On November 14, 2016, around 07:55, the driver of the Plaintiff’s vehicle followed the Diver vehicle at the two-lanes of the so-called so-called so-called “one vehicle”) among the three-lanes, and the driver of the Defendant’s vehicle driven the three-lane of the said three-lane distance.

The driver of the Defendant’s vehicle, at the intersection of the intersection, sees the stop of the bus on the left side direction, and changes the lane into the two-lanes, and the driver of the first vehicle, who is driving the two-lanes, sees that the Defendant’s vehicle changes the lanes into the two-lanes.

제1차량의 후방에 있던 원고 차량은 제동하는 제1차량을 피하기 위하여 핸들을 왼쪽으로 틀어 1차로로 차선을 변경하면서 1차로에서 뒤따라 오던 E 볼보 트럭(이하 ‘제2차량’이라 한다)을 추돌하였고, 그 충격으로 튕겨 나가면서 제1차량을 추돌하는 사고가 발생하였다

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

From December 20, 2016 to April 7, 2017, the Plaintiff paid KRW 5,198,460 to the two parties for the insurance proceeds arising from the instant accident, and paid KRW 13,278,00 at the repair cost of the first and second vehicles.

[Grounds for Recognition] Unsatisfy, entry and video of Gap evidence 1 to 9, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s driver of the vehicle, without securing a sufficient safety distance, changing the vehicle from a two-lane to a two-lane, thereby causing the first driver of the vehicle to rapidly stop, and the Plaintiff’s vehicle following the first vehicle attempted to avoid the first vehicle. The negligence between the Plaintiff’s driver of the vehicle and the Defendant’s driver occurred, and the Defendant’s accident occurred.

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