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(영문) 서울중앙지방법원 2016.11.28 2016나41882
구상금
Text

1. Of the judgment of the first instance court, KRW 3,024,700 against the Plaintiff and its related thereto, from February 4, 2016 to November 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the Category B Bap Vehicles owned by A (hereinafter “Plaintiff”) with respect to DM3 Motor Vehicles owned by C (hereinafter “Defendant Motor Vehicles”).

B. On January 19, 2016, at around 22:15, the Plaintiff Company A, the driver of the Plaintiff Company, changed the vehicle from the five lanes to the four lanes near the Gangseo-gu Seoul Special Metropolitan City Fire-Fighting Kimpo Airport, to the five lanes, and then the Defendant Company changed the vehicle from the two lanes to the three lanes, resulting in damage to the Plaintiff Company A, who changed the vehicle from the four lanes to the four lanes.

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

On February 3, 2016, the Plaintiff paid KRW 4,321,00 as insurance money for the damage of Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff's vehicle is responsible for the occurrence of the accident, since the defendant's vehicle is trying to change the two lanes from the two lanes to the four lanes while the change of the vehicle was completed with the four lanes from the five lanes, and the defendant's vehicle is trying to change the two lanes from the two lanes.

In this regard, the Defendant asserted that the Defendant’s negligence should be limited to 60% in the instant accident, since the Plaintiff’s vehicle did not completely complete the change of the vehicle, and at the same time, the duty of care should be limited to the change of the vehicle in the same line.

B. Comprehensively taking account of the following circumstances, which can be acknowledged by the overall purport of evidence and arguments as seen earlier, the instant accident occurred by the negligence of the Plaintiff and the Defendant vehicle.

The plaintiff's vehicle and the defendant's vehicle are used in light of the circumstances of the above accident and the damaged parts and degree of the damage of the plaintiff's and the defendant's vehicle.

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