(영문) 서울중앙지방법원 2019.08.28 2019나3638

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.08.28 2019나3638

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with Nonparty C regarding the Plaintiff’s D vehicle (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile comprehensive insurance contract with respect to the Plaintiff’s vehicle E (hereinafter “Defendant”).

B. The date and time of the occurrence of the instant accident: On July 5, 2018, the venue of the instant accident: On the street near the village of the Ycheon-si, Gyeonggi-do;

C. The circumstances leading up to the occurrence of the instant accident (1) the Plaintiff’s vehicle was driving along one lane on the two-lane road at the same time and place, and the Defendant’s vehicle was driving along the two-lane.

(2) From the above, one vehicle and the two vehicles are proceeding in the order of the two-lanes before the Defendant vehicle. The first vehicle changed the two-lanes from the two-lanes to the one-lanes. The Defendant vehicle attempted to change the two-lanes from the two-lanes to the one-lanes. On the other hand, after the Defendant vehicle commenced the change of the two-lanes, the two-lanes were trying to change the two-lanes to the one-lanes in order to avoid an irregular test vehicle parked between the two-lanes and the two-lanes. In order to avoid a conflict between the Defendant vehicle and the two-lanes, the vehicle operated the vehicle to avoid a conflict between the two-lanes on the right side of the Plaintiff vehicle and the left side part of the Defendant vehicle.

The Plaintiff paid KRW 4,719,200 as insurance money in addition to KRW 500,00,000, according to the standards for the payment of self-paid car damage in accordance with the automobile insurance clause with C, the owner of the Plaintiff.

[Ground for Recognition: Facts without a partial dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings]

2. Determination

A. The Plaintiff is the cause of the instant claim. The Plaintiff, even though the instant accident was entirely caused by the negligence of the Defendant’s vehicle, is the negligence of the Defendant’s vehicle.

유사 판례

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