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(영문) 서울중앙지방법원 2018.11.30 2018나51265
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who concluded an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff”), and the Plaintiff’s assistant intervenor is the Plaintiff’s driver, the Defendant, and the Defendant, who concluded an automobile insurance contract with respect to the vehicle E (hereinafter “Defendant”).

B. On September 2, 2017, around 19:50 on September 2, 2017, the Plaintiff’s vehicle: (a) entered part of the two lanes to change the lane between the parked vehicles in the fourth lane of the fourth lane of the 4-lane road in Songpa-dong, Songpa-gu, Seoul; and (b) stopped the vehicle over a two-lane and three-lane.

However, there was an accident where the defendant vehicle, which was stopped at the front side of the plaintiff vehicle, was followed by a two-lane space, and the left side part of the plaintiff vehicle was shocked (hereinafter “the accident in this case”).

C. On November 7, 2017, the Plaintiff paid KRW 783,000 for the repair cost of Plaintiff’s vehicle as the insurance money for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, Gap evidence Nos. 1, 2, 4 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The instant accident involving the Plaintiff and the Plaintiff’s Intervenor is an accident that occurred while the Defendant’s vehicle was stopped in order to overtake the Plaintiff’s vehicle, and by unilateral negligence, the Defendant, the insurance company of the Defendant’s vehicle, is obligated to pay KRW 783,000,000, insurance money to the Plaintiff.

B. The following circumstances, that are, the Plaintiff’s vehicle and the Defendant’s vehicle attempted to change the vehicle vehicle while stopping the vehicle due to the signal atmosphere, which led to the vehicle’s failure to completely change the vehicle vehicle. The vehicle’s vehicle extends over the two-lanes and three-lanes without completely changing the vehicle vehicle.

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