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(영문) 서울중앙지방법원 2016.11.03 2016나7844
구상금
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Defendant and the incidental costs of appeal.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 14:25 on May 4, 2015, C driven the Plaintiff’s vehicle, and proceeded on the two-lanes of the national highway No. 6, the two-lanes in front of the “Ejun station” in Gyeonggi-si D, on the two-lanes of the national highway in Seoul B, and changed the vehicle from the side to the two-lanes on the right side of the road, and continued to proceed to the right side in order to go away from the side of the road to the side of the road, and shocked the part of the Defendant’s driver’s seat in front of the Defendant’s driver’s seat in the Fran vehicle, which was proceeding in accordance with the two-lanes of the above road on the right side,

(hereinafter “instant accident”). C.

On May 28, 2015, the Plaintiff paid KRW 669,000 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Based on recognition] The items of Gap evidence 1 to 5, Eul evidence 1 to 3 (including paper numbers), the purpose of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff's vehicle is driving on the side of the road at a speed of two-lane the direction of right direction, etc. to stop on the side of the road, and after changing the course to the side. However, the defendant's vehicle, who followed the two-lane, is negligent in performing his duty of front-time care, causing the accident of this case, which conflicts with the plaintiff's vehicle. Since the above negligence ratio of the defendant's vehicle affecting the accident of this case is 50%, the defendant is liable to pay to the plaintiff the above insurance money of 669,000 won, which is equivalent to 50% of the above negligence ratio of 669,000 won, and damages for delay.

As to this, the defendant caused the accident of this case by mistake that the plaintiff's vehicle changed to the two-lanes of the above road to enter the side of the road, and that the vehicle moved to the two-lanes.

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