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(영문) 서울중앙지방법원 2021.02.09 2020나72999
구상금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with the automobile E (hereinafter “Defendant”), with respect to the automobile D (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with the automobile E (hereinafter “Defendant”).

B. On October 4, 2019, at around 10:09, the Defendant’s vehicle changed its course to two lanes while driving the three-lanes of the fourth lane in the street in Gangdong-gu Seoul Metropolitan Government. The Plaintiff’s vehicle, who first moved from the front side of the Defendant’s vehicle to the two-lane, putting the back part of the Defendant’s vehicle’s left side (hereinafter “the instant accident”).

On November 1, 2019, the Plaintiff paid KRW 4,956,000, excluding KRW 500,000 as the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, 2, 3, 4, and 6 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) since the plaintiff's defendant's vehicle found the plaintiff's vehicle to be changed from the three lanes to the three lanes, returned to the three lanes, and did not turn on the direction direction again, the plaintiff's vehicle could not avoid it.

The instant accident was issued by the unilateral negligence of Defendant vehicle.

2) The Defendant’s instant accident did not turn on the direction direction, etc. from the first lane in which the Plaintiff’s vehicle was at the string, and sharply changed the course to the second lane in which the Defendant’s vehicle was underway, and the Defendant’s vehicle stopped to avoid this, was shocked in the rear side, and thus, was issued by the total negligence of the Plaintiff’s vehicle.

B. In light of the following circumstances revealed prior to the determination of the percentage of negligence, the instant accident occurred due to the Plaintiff’s negligence and the Defendant’s negligence on the part of the Plaintiff’s driver.

The fault ratio of the plaintiff vehicle and the defendant vehicle shall be 50:50.

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