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(영문) 부산지방법원 2018.08.29 2018나44418
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 concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. Around 15:55 on February 18, 2017, the driver of the Defendant vehicle driven along the three-lanes of the Busan Slockdong Industry Road (Thdo 4 lanes), the driver of the Defendant vehicle, along the four-lanes in the same direction as the Defendant vehicle, was driving along the four-lanes in the same direction as that of the Defendant vehicle, and then changed the vehicle to the three-lanes, and the part behind the Plaintiff vehicle parked in accordance with the traffic signal in the front section of the front section of the Defendant vehicle.

(hereinafter “instant accident”). C.

On July 7, 2017, the Plaintiff paid KRW 205,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, and 6, Gap evidence 2 to 4, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s instant accident occurred due to the Plaintiff’s negligence on the part of the Defendant’s driver, as it was caused by shocking the Plaintiff’s vehicle, which was parked in the signal line after the Defendant’s alteration of the vehicle was completed. As such, the Defendant should pay the Plaintiff the insurance money paid to the Plaintiff, KRW 205,00, and damages for delay.

B. The instant accident occurred due to the Plaintiff’s failure to perform his duty of care in changing course under Article 19(3) of the Road Traffic Act, when the traffic signal on the front side of the Defendant’s vehicle was rapidly changed to the red immediately after the vehicle was changed to the third lane along the Defendant’s vehicle’s right side. The instant accident occurred due to the Plaintiff’s fault on the front side of the Defendant’s vehicle, and the Plaintiff and the Defendant agreed 70% of the Plaintiff’s driver’s fault in relation to the instant accident and agreed on the damages incurred to the Defendant’s driver.

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