(영문) 광주지방법원 2020.05.13 2019나63316

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.05.13 2019나63316

구상금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with D vehicles (hereinafter “Plaintiff vehicles”) between C, and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with E with respect to F vehicles (hereinafter “Defendant vehicles”).

B. On January 14, 2019, E, a driver of the Defendant vehicle, was driving the Defendant vehicle and driving the first lane in the fourth lane in front of the H store located in G at the time of woodbling, while changing the two lanes into the second lane, and C, who proceeded with the second two lanes in the same direction, was the left-hand part of the Plaintiff vehicle driving in the same direction as the front door of the Defendant vehicle.

C. On March 15, 2019, the Plaintiff paid KRW 2,858,00,000, after deducting KRW 200,000 of the repair cost of the Plaintiff’s vehicle from the 3,058,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9 (including branch numbers, if any), Eul evidence 1 to 3, and the purport of the whole pleadings

2. The party's assertion and judgment as to it

A. The plaintiff asserts that the accident in this case was caused by the former negligence of the driver of the defendant vehicle, and the defendant asserts that the driver of the vehicle in this case was at fault by raising speed rather than driving while sufficiently aware that the driver of the vehicle in this case attempted to change the lane, and that the driver of the vehicle in this case was at fault.

B. According to the evidence and the purport of the entire pleadings as seen earlier, the instant accident was caused by the principal negligence of the Defendant’s driver who changed the lane in an unreasonable manner without turning on the direction direction, etc.

However, in full view of the fact that the driver of the Plaintiff’s vehicle was negligent in neglecting the duty of front-down and neglecting the concession of the vehicle, such as reducing the speed, even though he/she was aware that there was a situation in which the driver of the Defendant’s vehicle, who had been preceding the vehicle, attempted to change the lane on the side, the Plaintiff

유사 판례

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