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(영문) 서울중앙지방법원 2019.06.12 2018나63862
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The pertinent Plaintiff, as a person running automobile insurance business, entered into a comprehensive automobile insurance contract with D with respect to the vehicle for E (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to F vehicle (hereinafter “Defendant vehicle”).

B. On October 17, 2017, the Plaintiff’s vehicle used a two-lane and a three-lane in order to drive a two-lane in the direction of the court from the intersection to the two-lane in the direction of the transmission, and then changed the two-lane, the Plaintiff’s vehicle used to drive a two-lane in the direction of the court. Around October 17, 2017, the Plaintiff’s vehicle used to drive a two-lane in the direction of the court and used to change the two-lane into the three-lane vehicle, and the Defendant’s vehicle that used to drive the two-lane from the vehicle following the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that used to drive the two-lane.

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

The Plaintiff paid KRW 2,698,500 on January 4, 2018 as insurance money for repair costs to the insured insured in the insurance contract for the Plaintiff’s vehicle due to the instant accident.

【Legal basis for recognition】 Evidence Nos. 1 through 4, Eul Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff asserts that, at the time of the accident in this case, the defendant's vehicle was negligent in neglecting the safety distance without securing the safety distance even though the preceding vehicle was in the change of the lane, and thus, in the accident in this case, the fault ratio of the defendant vehicle is 70%, and the defendant is obliged to pay the plaintiff 1,88,950 won (2,698,500 won x 70%) with the amount of indemnity.

(2) At the time of the instant accident, the Defendant attempted to change the two lanes in a short time while driving the Plaintiff’s vehicle at the time of the instant accident, and the time when the Defendant was able to avoid the vehicle due to shocking and stopping of the vehicle control bars is absolutely insufficient.

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