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(영문) 서울중앙지방법원 2016.01.14 2015나42192
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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On April 30, 2014, the driver of the Defendant’s vehicle driven the Defendant vehicle, driving the vehicle in accordance with the first lane among the three-lanes located in the direction of the vehicle located in the direction of the vehicle located in the front section, and changing the course into the second two-lane. The C vehicle driven along the Defendant’s front one lane (hereinafter “the vehicle in front”) tried to change the course into the second two-lane, considering that the vehicle in front of the vehicle was parked in the front section, the vehicle in front of the vehicle was also stopped after changing the course into the third other three-lane, and as a result, the vehicle in front of the Defendant in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the other three-lane.

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

By May 28, 2014, the Plaintiff paid KRW 8,000,000 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. The parties' assertion that the vehicle driver's unreasonable change in the vehicle of this case contributed to 90% of the accident of this case. Thus, the defendant asserts that the defendant has a duty to claim reimbursement of KRW 7,200,000 out of the total amount of damages (i.e., KRW 8,00,000 x 0.9) to the plaintiff. On the other hand, while the plaintiff is driving on the vehicle of this case, the defendant erred by failing to stop the vehicle at the wind and causing the accident, which is larger than the defendant's side.

3. Therefore, the driver of any motor vehicle is obliged to take into account the degree of the responsibility of both parties to the circumstances of the accident, and the driver of any motor vehicle is obliged to change the course of the motor vehicle, and the driver of any other motor vehicle is obliged to drive the motor vehicle normally.

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