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(영문) 서울중앙지방법원 2018.08.27 2018나12819
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On September 25, 2017, at around 11:25, the Plaintiff’s vehicle is proceeding two lanes around the 4-lanes of the road around the Gaedong-dong Gadong-dong Gadong-dong apartment, Busan Metropolitan City. However, while the Defendant’s vehicle proceeding in the same direction as the Plaintiff’s vehicle on the four-lanes of the road that is the four-lanes above, while changing the two-lanes into the two-lanes via the three-lanes, the front part of the right side of the Plaintiff’s vehicle was shocked on the left side of the Plaintiff’s vehicle.

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

On December 1, 2017, the Plaintiff paid KRW 450,100 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 3 (including branch numbers, if any) or video, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Defendant vehicle’s argument changed the lane from four lanes to one lane to one lane, and the Plaintiff’s vehicle could not have predicted the change of the lane of the Defendant vehicle. Therefore, the instant accident occurred entirely by negligence on the part of the Defendant vehicle.

(2) The Plaintiff’s alleged vehicle was in excess of the time of the instant accident, and was changing the lane from the first lane to the second lane, and was changing the lane at the speed of the Defendant’s vehicle. However, the Plaintiff’s vehicle was in excess of the Defendant’s vehicle, even if it was possible to verify prior to the instant accident, the instant accident occurred, and thus, the Plaintiff’s vehicle was more negligent on the Plaintiff’s vehicle than the Defendant’s vehicle.

B. The following facts and circumstances acknowledged based on each of the evidence and the purport of the entire pleadings as seen earlier, namely, the Defendant vehicle’s accident.

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