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(영문) 서울남부지방법원 2019.08.29 2018나69750
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

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 D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).

B. On July 17, 2018, around 12:20, the fourth line of the FJ, the Plaintiff’s vehicle traveling along a four-lane on the 4-lane near the king F., and the change of the three-lane, there was an accident in which the front part of the Defendant’s vehicle’s right part and the left part of the Plaintiff’s vehicle are shocked (hereinafter “instant accident”).

C. The Plaintiff’s vehicle was scrapped due to the instant accident, and accordingly, the Plaintiff paid KRW 2,140,000 insurance money to C on July 31, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 2 evidence, or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the Plaintiff’s fault in moving the direction from the fourth lane to the third lane, and the Defendant’s fault was 40%. As such, it is reasonable to deem that the Defendant, the insurer of the Defendant’s vehicle, has the obligation to pay the Plaintiff KRW 856,00, which is the insurance money paid by the Plaintiff, and damages for delay thereof. 2) The instant accident of the Defendant’s assertion was caused by the Plaintiff’s fault in moving the fourth lane to the third lane and moving to the third lane without using the direction direction, etc., and the Plaintiff’s fault was 100%.

B. In light of the background leading up to the occurrence of the instant accident, which can be known by the evidence as seen earlier, the instant accident was the principal cause of the Plaintiff’s fault, without securing safety distance.

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