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(영문) 서울중앙지방법원 2019.02.13 2018나52794
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

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

B. Around 19:50 on December 20, 2017, the Plaintiff’s vehicle driven along a three-lane from among the roads that are five-lanes in front of the Namnam-gu E Apartmentdong, Ulsan-gu, and changed the two-lane. The Defendant’s vehicle driving along the first two-lane from the above roads, while changing the two-lane, the lower part on the left side of the Plaintiff’s vehicle and the front side of the right side of the Defendant’s vehicle were shocked.

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

On February 1, 2018, the Plaintiff paid KRW 2,066,000 as insurance money on February 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 6, video and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s alleged vehicle changed from a three-lane to a two-lane and completed the entry first, and the Defendant’s vehicle changed from a two-lane to a two-lane without confirming the Plaintiff’s vehicle immediately later, and the instant accident occurred while changing the two-lane from a one-lane to a two-lane. The Defendant’s vehicle is entirely responsible for the instant accident.

B. The accident of this case occurred when the plaintiff's vehicle alleged by the defendant was changed from three lanes to two lanes, and the defendant's vehicle was changed from one lane to two lanes, and the fault ratio between the plaintiff's vehicle and the defendant's vehicle in this case is the same.

3. Examining the following facts and circumstances acknowledged by the aforementioned facts and the evidence and the purport of the entire pleadings, namely, the instant accident video, the Plaintiff’s vehicle appears to have entered the two lanes earlier than the Defendant’s vehicle, but the Plaintiff’s vehicle did not complete a two-lane change in the two-lane.

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