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(영문) 서울중앙지방법원 2019.05.03 2019나3171
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On July 22, 2018, around 17:43, the Plaintiff’s vehicle is proceeding along one lane among the three-lanes as the regular center of pak-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in the direction direction, etc. by the Defendant’s vehicle running along the two-lanes of the said road and driving along the two-lanes on the two-lanes, while changing the course to the two-lanes, and the two-lanes conflict with the front left side of the Defendant’s front side of the vehicle and the front right side of the Plaintiff’s front side of the vehicle.

(hereinafter “instant accident”). C.

On September 6, 2018, the Plaintiff paid insurance proceeds of KRW 13,650,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff’s instant accident is due to the total fault of the Defendant’s vehicle, on the ground that the instant accident occurred due to the sudden change of the vehicle from the two lanes of the three lanes to the one lane on the part of the Defendant’s illegal U-turn and the alteration of course is unreasonable.

The plaintiff paid insurance money of KRW 13,650,00 for the insured of the plaintiff vehicle, thereby acquiring the right to claim damages against the driver of the defendant vehicle by subrogation of the insurer under Article 682 of the Commercial Act. Therefore, the defendant, who is the insurer of the defendant vehicle, is liable to pay the plaintiff the indemnity amount of KRW 13,650,000 and delay damages.

B. The instant accident is that the Plaintiff’s vehicle changed its normal lane from the two lanes to the one lane in violation of the duty of front-time display, the duty of safe driving, etc.

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