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(영문) 서울중앙지방법원 2019.11.08 2019나31503
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 entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 14:55 on August 14, 2018, the Plaintiff’s vehicle was driving along a two-lane road near the FF located in Kimpo-si, Kimpo-si, with the two-lanes, and the Defendant’s vehicle driving in the same direction changed the three-lanes into the two-lanes, resulting in the collision between the driver’s seat in front of the Defendant’s vehicle and the part adjacent to the chief steering line of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On August 24, 2018, the Plaintiff paid KRW 4,635,200, excluding its own charges, as insurance proceeds, at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 1 through 4 (including each number), video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (i.e., the plaintiff), while the defendant's vehicle driving ahead of the plaintiff's vehicle running ahead of the plaintiff's vehicle at the three-lane, was unreasonably changed to the two-lanes without properly verifying the plaintiff's vehicle, and the accident of this case occurred. This is solely due to the negligence of the defendant's vehicle, and therefore, the defendant, the insurer of the defendant's vehicle, is obliged to pay 4,635,200 won, the total amount of the insurance money paid by the plaintiff, and damages for delay, as

B. The Defendant asserts that the negligence of the Plaintiff’s vehicle at least 20% should be taken into account in the occurrence of the instant accident, since the Plaintiff’s vehicle was driven by the Defendant and entered the two lanes first, but the instant accident occurred.

B. (i) The driver of any motor vehicle intends to change the course of the motor vehicle.

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