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(영문) 서울중앙지방법원 2020.07.03 2019나60433
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

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

B. On February 18, 2019, around 11:05, the Plaintiff’s vehicle was proceeding along the three-lanes of the three-lane road in the vicinity of the eudal tunnel in Gangnam-gu Seoul Metropolitan City, and the vehicle was changed to the two-lanes, and there was an accident involving the Defendant’s vehicle, which was changed from the first lane in the end of the time to the second lane, facing the two-lanes.

(hereinafter “instant accident”). C.

On February 27, 2019, the Plaintiff paid KRW 916,000 (excluding KRW 228,000 of the self-paid premium) as insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 4, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred by changing the car line from the first lane to the second lane of the road of this case without operating the direction direction, etc. while the plaintiff vehicle driver completed almost two lanes from the third lane of the road of this case. The accident of this case occurred by the whole negligence of the driver of the defendant vehicle.

Accordingly, the defendant asserts that the accident in this case occurred while the plaintiff vehicle and the defendant vehicle are changing the course at the same time, and that the driver of the plaintiff vehicle did not pay attention to the movement of the defendant vehicle entering the plaintiff vehicle while the vehicle did not complete the change of the vehicle at the same time, and that the driver of the plaintiff vehicle does not pay attention to the movement of the defendant vehicle entering the plaintiff vehicle. Therefore, in the occurrence of the accident in this case, the share of the driver of the plaintiff vehicle in the driver

B. The facts admitted prior to the negligence ratio and the purport of the entire pleadings.

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