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(영문) 서울남부지방법원 2020.05.07 2019나57907
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. On November 1, 2018, at around 14:35, the Plaintiff’s vehicle: (a) was parked on the fourth-lane road near FF in Gangnam-gu, Seoul; (b) the Defendant’s vehicle parked on the fourth-lane road in the middle of the fourth-lane road; (c) entered the fourth-lane one’s own three-lane; and (d) the front front part of the Defendant’s vehicle was collisioned.

(hereinafter referred to as “instant accident”). C.

On November 23, 2018, the Plaintiff paid KRW 1,612,200 to the driver of the Plaintiff’s vehicle for repair costs related to the instant accident, based on the insurance contract for the Plaintiff’s vehicle.

(Exclusion of Self-Payment 403,000 won). [Grounds for Recognition] / [The fact that there is no dispute, Gap evidence 1 through 7, each of the statements or images of Eul evidence 1 through 4, and the purport of the whole pleadings.

2. The allegations and judgment of the parties

A. The plaintiff's assertion that the plaintiff is a party is changing the course at the same time as the Gap's own departure without examining the two lanes in which the defendant's vehicle, which was stopped on the four-lane, is in a straight way.

The accident of this case occurred entirely due to the negligence of the driver of the defendant vehicle.

In regard to this, the defendant was a situation where the body of the defendant vehicle was in the three-lanes at the time of the occurrence of the accident in this case, and if the driver of the plaintiff vehicle predicted and continued to drive the vehicle in this case, the accident in this case did not occur, and therefore, the negligence of the plaintiff vehicle in this case related to the accident in this case is at least 30%.

B. According to the above facts and the evidence revealed earlier, in the case of a driver who intends to change a lane while driving along the vehicle, he/she shall take care of the movement of the vehicle driving along the vehicle to be changed and enter the same.

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