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(영문) 서울중앙지방법원 2019.07.18 2018나77649
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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Plaintiff vehicles”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On June 11, 2017, around 15:30, the Plaintiff’s vehicle changed the five-lanes from one to two-lanes at the 26-km point of the outer circular Highway, Chungcheongnam-dong, Seoul, to three-lanes. On the fourth lane, the E vehicle, which was driven with the Plaintiff’s vehicle, changed to three-lanes, to three-lanes.

At this time, the part of the front part of the Defendant’s vehicle, which had changed the course from the fourth lane to the third lane of the vehicle of Nonparty 1, was shocked with the part of the front part of the Plaintiff’s vehicle and the part of the back part of the Nonparty 1.

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

On March 13, 2018, the Plaintiff paid KRW 19,180,00 as insurance money after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the plaintiff's vehicle was inevitable to avoid a collision with the non-party vehicle, and the accident of this case occurred in violation of the duty to see the front side and ensure safety distance. Thus, the defendant's vehicle is entirely responsible for the occurrence of the accident.

Accordingly, the defendant asserts that since the accident of this case occurred by rapidly changing the course of the plaintiff's vehicle while putting the plaintiff's vehicle rapidly, the fault ratio of the plaintiff's vehicle is more than 20%.

B. The driver of the Defendant vehicle who seeks to change the tea line in full view of the aforementioned basic facts and the purport of the entire pleadings, namely, the following circumstances.

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