logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.09.11 2019나66215
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On November 13, 2018, around 18:45, there was an accident in which the part of the front entrance of the Plaintiff’s vehicle (the front part of the Plaintiff’s vehicle, which is a ground vehicle, is the vehicle, is turned off) and the front entrance of the Plaintiff’s vehicle (the front part of the Plaintiff’s vehicle), which is proceeding one lane in the area of reduction of the adjacent lane in the Nam-gu Seoul metropolitan area (e.g., the reduction of the two lanes from the two lanes to the one lane), which is to enter one lane depending on the reduced lane (hereinafter “instant accident”).

C. On November 16, 2018, the Plaintiff paid the insurance proceeds of KRW 382,300 (excluding KRW 200,000 on its own charges) at the cost of repairing the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3-6, 8, 9, Eul evidence Nos. 2 and 3, video, the purport of the whole pleadings

2. Determination

A. According to the images in Gap evidence No. 4, the accident of this case can be acknowledged in the course of entering the vehicle immediately preceding the accident of this case and the vehicle immediately preceding the defendant's vehicle into one lane, and the vehicle immediately preceding the plaintiff's vehicle in the first lane, followed by the vehicle immediately preceding the accident of this case, and the vehicle of this case is seeking to enter the two lanes to one lane, and the vehicle of the plaintiff is proceeding immediately preceding the other vehicle in the first lane.

B. In full view of these circumstances in the background of the instant accident, it is reasonable to deem that the instant accident occurred by a failure of the Plaintiff’s vehicle and the Defendant’s vehicle to yield the way to each other in the reduced section of the lane, thereby holding that the failure of the Plaintiff’s vehicle and the Defendant’s vehicle to perform the duty of safe driving that is prohibited from driving in a manner that may cause danger and harm to others depending on road traffic conditions (Article 48(

Furthermore, the place and circumstances of the accident in this case, and the damage of the original defendant vehicle.

arrow