(영문) 서울남부지방법원 2019.06.27 2018나65956

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.06.27 2018나65956

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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the E-vehicle owned by D (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with the F vehicle (hereinafter “Defendant”).

B. On January 1, 2018, around 15:06, on the road near the Gyeonggi-gun G market, the Plaintiff’s vehicle driven the two lanes and turned back to the three lanes. The Defendant’s vehicle, which was stopped at the two lanes, changed the two lanes rapidly to the three lanes, and the Plaintiff’s seat side of the vehicle and the front front part of the Defendant’s vehicle (hereinafter “instant accident”).

C. On January 9, 2018, the Plaintiff paid insurance proceeds of KRW 423,700 at the cost of repairing the Plaintiff’s vehicle.

(other than KRW 200,00) d.

The Plaintiff filed a petition for deliberation with the H Deliberation Committee (hereinafter “Deliberation Committee”). On January 31, 2018, the Plaintiff and the Defendant submitted to the Deliberation Committee a written decision recognizing the ratio of the Plaintiff’s vehicle’s fault to 20% and the ratio of the Defendant’s vehicle to 80%.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence 1 to 4, 6 to 9, Eul's evidence 1 to 7 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The driver of the defendant vehicle who is the defendant vehicle has a duty of care to turn on the direction in advance so as not to impede the passage of the vehicle that is proceeding in the same direction when changing the vehicle, and to safely change the vehicle's movement by examining the movement of the vehicle, but is at the two-lane, the driver's fault is a three-lane change, so it is reasonable to deem that the driver's fault is 10%. Therefore, the defendant who is the insurer of the defendant vehicle is obliged to pay the insurance money paid to the plaintiff 423,70 won and damages for delay. 2) The accident of this case by the defendant is subsequent to the defendant vehicle.

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