(영문) 서울중앙지방법원 2015.10.16 2014나62977

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(영문) 서울중앙지방법원 2015.10.16 2014나62977

구상금

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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.The following facts may be found either in dispute between the parties or in each entry or image of Gap evidence 1 to 8 by reference to the whole purport of the pleadings:

The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A New FD car (hereinafter referred to as the "Plaintiff vehicle"), and the defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B cab (hereinafter referred to as the "Defendant").

B. Around 10:55 on December 25, 2013, the driver of the Defendant’s vehicle in the instant case changed the two lanes to the two lanes in order to ensure passengers on the opposite direction, who are going along the two lanes from the front side of the Defendant’s vehicle while driving the Defendant’s 120-dong apartment (hereinafter “the instant road”) into the front side of the front front side of the Defendant’s vehicle, which is a movable property of the Seongdong-si, Changwon-si, and driving along the front side of the front side of the front side of the Defendant vehicle, while driving the Defendant vehicle along the 120-lane road from the front side of the front side of the front side of the Defendant vehicle.

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

By January 22, 2014, the Plaintiff paid insurance proceeds of KRW 1,704,00 in total to the repair company, etc. due to the Plaintiff’s vehicle repair cost due to the instant accident.

2. Assertion and determination

A. The Plaintiff’s assertion 1) The instant accident occurred due to the Plaintiff’s unilateral negligence on the part of the Defendant’s driver who changed the lane for illegal internship in the instant road section where U.S. is prohibited, and thus, the Plaintiff has the right to claim the full amount of the insurance money that the Plaintiff paid to the Defendant, the insurer of the Defendant’s vehicle. (2) The instant accident violated the Defendant’s duty to provide prior watch and to ensure safety distance.

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