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(영문) 서울중앙지방법원 2017.12.20 2017나53714
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 Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A rocketing vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to B Engine vehicles (hereinafter “Defendant”).

B. On January 7, 2017, at around 14:35, C driven the Defendant’s vehicle and moved along the four-lane road near the 2.4km of the Incheon International Airport Expressway, Jung-gu, Incheon, Seo-gu, Incheon, along the four-lane road, from the west-gu, Incheon International Airport Highway to the Seoul bank. On the two-lane road, C changed the vehicle line from the Incheon Airport to the two-lane road, and the two-lane part of the Defendant’s vehicle was shocked on the right side, and the front part of the Plaintiff’s vehicle driven along the two-lane of the same direction.

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

On February 3, 2017 due to the instant accident, the Plaintiff paid KRW 534,400,000 in total as repair costs of the Plaintiff’s vehicle to E-automobile industrial companies, etc.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, Gap evidence 5, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident occurred while the Defendant’s vehicle, which driven along the two-lanes of the four-lane road, did not work out a direction direction, etc. to overtake the Plaintiff’s vehicle prior to the Defendant’s vehicle, and then changed the course to the two-lanes of the same direction, and thus, the Plaintiff’s driver could not predict the change of the course of the Defendant’s vehicle.

Therefore, the accident of this case occurred by the unilateral negligence of the driver of the defendant vehicle. Thus, the defendant is liable for damages caused by the accident of this case to D, who is the driver of the plaintiff vehicle, and the plaintiff pays the insurance money of 534,400 won to D, which is caused by the insurer under Article 682 of the Commercial Act.

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