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(영문) 서울중앙지방법원 2018.04.27 2017나86219
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

B. Around 8:45 on September 28, 2016, the driver of the Defendant vehicle, who caused a traffic accident, proceeded along a two-lane road located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant road”) along the one-lane, leading to the right side of the Defendant vehicle, such as the left side of the Plaintiff vehicle, which was entering the two-lane from the gas station to the two-lane while changing the two-lane vehicle.

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

The Plaintiff paid KRW 273,190 in total with the repair cost of the Plaintiff’s vehicle until November 23, 2016, with the insurance proceeds from the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Defendant’s assertion was running along the two-lanes of the instant road before the instant accident, and did not change the lanes from the first to the second two-lane.

The instant accident occurred by negligence without examining whether the driver of the Plaintiff’s vehicle entered a road from the gas station to the road, and without examining whether there is another vehicle driving on the left-hand side, and thus, at least 70% of the negligence of the driver of the Plaintiff’s vehicle should be taken into account in determining the amount of indemnity.

B. Comprehensively taking account of the overall purport of the arguments as seen earlier, the Plaintiff’s vehicle was at the rear side of the two-lane road of this case at the time the Plaintiff’s vehicle entered the oil station to the road of this case, and the Defendant’s vehicle was driving on the first lane of the road of this case. The instant accident occurred while the Defendant’s vehicle changed from the two-lane to the first lane, and at the time the vehicle of this case was at the time.

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