(영문) 서울남부지방법원 2019.05.23 2018나58705

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자간(%)

(영문) 서울남부지방법원 2019.05.23 2018나58705

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 facts of recognition: ① The Plaintiff is the insurer of the Plaintiff’s insured vehicle C (hereinafter “Plaintiff’s insured vehicle”); the Defendant is the insurer of the D vehicle (hereinafter “Defendant’s insured vehicle”); ② the Plaintiff’s insured vehicle, which was going into two lanes from the front of the F vehicle located in Nam-gu Incheon Metropolitan City, on July 5, 2017, changed into one lane depending on the preceding vehicle; and then stops at the front of the vehicle. The Defendant’s insured vehicle, which moved from the left side to the front part of the Plaintiff’s insured vehicle with the front part of the Plaintiff’s insured vehicle (hereinafter “instant accident”); and ③ The Plaintiff was damaged the Plaintiff’s insured vehicle due to the instant accident (hereinafter “Defendant’s insured vehicle”); and the Plaintiff did not have any dispute as to the Plaintiff’s insured vehicle’s repair cost on August 2, 2017, or did not have any dispute between the parties’ presentation and evidence 10 or 180.

2. The assertion and judgment

A. As to the circumstances of the instant accident, the Defendant asserted that “the insured vehicle was proceeding first at the one-lane of the intersection, but the Plaintiff’s insured vehicle changed its course from the two-lanes to the one-lane one-lanes in the intersection and shocked the Defendant’s insured vehicle.”

However, according to Gap evidence No. 4’s video, at the time of the instant accident, the insured vehicle first entered into the intersection (at night, it is not visible that the Plaintiff’s insured vehicle had entered the intersection, but at night, considering the direction of the progress of other vehicles located on the left and right lane, it can be seen that the Plaintiff’s insured vehicle completed the entry into one lane), and the Defendant’s insured vehicle’s shocking the Plaintiff’s insured vehicle while leaving the vehicle into the front vehicle of the Plaintiff’s insured vehicle and the Plaintiff’s insured vehicle.

Therefore, the defendant's above assertion is not accepted.

B. The instant case.

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