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(영문) 서울중앙지방법원 2016.03.31 2015나61667
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay 615,560 won to the plaintiff.

3. All costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to APoter Freight (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B Inti Vehicle (hereinafter “Defendant Vehicle”).

B. On May 17, 2014, at around 14:10, C driven the Defendant vehicle and changed the vehicle line to four lanes in the direction of five-lanes among the five-lanes in the front of the left side of the Plaintiff vehicle, which was driven along four-lanes on the left side of the left side, into the front side of the left side of the Defendant vehicle, according to Gangnam-gu, Gangnam-gu, Seoul.

(hereinafter “instant accident”). C.

On May 4, 2015, the Plaintiff paid insurance proceeds of KRW 615,560 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Basis] Evidence Nos. 1 through 4, Gap's evidence Nos. 6, 9, 11, and 12 (including each number), Gap's testimony and the purport of the whole pleadings

2. According to the facts of the above recognition, since the defendant's vehicle driving in the right side of the plaintiff's vehicle changed the vehicle line from five to four lanes to the other side of the plaintiff's vehicle, the vehicle's rear part of the plaintiff's vehicle driven in the four lanes was shocked, it is reasonable to deem that the accident in this case occurred by the whole negligence of the defendant's vehicle.

In regard to this, the defendant, while driving along five lanes from the front section of the plaintiff vehicle, the plaintiff vehicle and its front vehicle have been secured a sufficient distance, changed the direction direction, etc. on the left side to the fourth lane. The plaintiff vehicle that changed from the third to the fourth lane continued to drive without yielding the course to the defendant vehicle that entered the fourth lane, and as a result, the plaintiff vehicle's fault is also 20% of the plaintiff vehicle.

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