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(영문) 서울남부지방법원 2015.09.24 2015나53556
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A New GG vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B AWW vehicles (hereinafter “Defendant vehicles”).

B. At around 08:30 on January 18, 2014, the driver of the Defendant vehicle entered the four-lanes of the four-lanes of the wall mountain apartment site located in the front of the apartment site, Nam-gu, Yancheon-gu, Yancheon-gu, by moving to the parallel of the four-lanes of the four-lanes. On the other hand, the driver of the Defendant vehicle changed the lanes to the three-lanes of the other vehicles at the four-lanes of the right line, even though the vehicle was going through through the three-lanes from the riverside of the river basin to the parallel.

Accordingly, when the plaintiff's vehicle is changed to a two-lane by avoiding the defendant's vehicle, and when the defendant's vehicle overtakes the defendant's vehicle to a three-lane again, and stops at a speed lower than that, the defendant's vehicle conflicts with the part above the left-hand pan part of the part concerning the back panion of the plaintiff's vehicle.

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

By April 17, 2014, the Plaintiff paid KRW 392,600 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Unsatisfy, entry and video (including each number), the purport of the whole pleadings, as a whole, of Gap evidence 1 to 7

2. Determination

A. The Defendant vehicle seeking to circumvent the percentage of the fault of the Plaintiff vehicle and the Defendant vehicle has been negligent in temporarily suspending the movement of other vehicles running along the right side of the road so that they do not obstruct the passage of the straighted vehicle, or in failing to perform such duty of care to make a right side of the road, while driving along the right side of the road. On the other hand, the Plaintiff vehicle, while avoiding the Defendant vehicle, was changed to the two-lane, without any special circumstance, again changed to the two-lane.

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