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(영문) 서울중앙지방법원 2020.05.19 2019나62316
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. During the process of the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”), the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”)’s insured vehicle C car D car at a place 09:04 November 1, 2018 at the time of the instant accident, the Plaintiff’s front distance in front of the F Hospital located in E on November 1, 2018, when the Plaintiff’s vehicle stops along the vehicle waiting to turn to the left at the two-lanes immediately preceding the entry into the intersection, and the two-lanes of the right side of the Plaintiff’s vehicle and the front wheels of the Defendant’s left side of the vehicle conflict.

The details of the payment of insurance proceeds are 3,950,000 won for the Plaintiff’s vehicle repair expenses, which is 500,000 won for the self-payment on November 30, 2018.

B. The Plaintiff’s assertion asserts that the Plaintiff’s fault should be recognized at least 40% of the Defendant’s vehicle, as the Plaintiff’s vehicle had already completed a change of course.

C. In light of the following circumstances, the instant accident ought to be deemed to have occurred due to the full-time or significant negligence of the Plaintiff’s vehicle, and it is difficult to deem that the Defendant’s vehicle negligence exceeds 10% recognized by the first instance judgment.

Plaintiff

Vehicles were stopped on the signal-based lane and entered the three-lanes in which many vehicles are parked following each other according to the straight line.

Therefore, the safety distance from the vehicle following the entry lane has not been sufficiently secured.

In this situation, if the change of the lane is made, it is inevitable to obstruct the traffic of the entry lane, and the rapid change of the lane is inevitable.

Plaintiff

The point where the vehicle stops is prohibited from changing the lanes into the real line section.

[Grounds for Recognition] Unsatisfy, Gap's 1 through 7, Eul's 1 through 7, the purport of the whole pleadings

C. The defendant's duty of indemnity is not recognized.

Even if the negligence of the Defendant’s vehicle is recognized as 10%, the Defendant is entitled to indemnify as follows:

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