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(영문) 서울중앙지방법원 2017.02.10 2016가단5100945
구상금
Text

1. The Defendant’s KRW 30,410,00 for the Plaintiff and the following: 5% per annum from January 16, 2016 to May 16, 2016.

Reasons

1. Basic facts

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

B. On November 2, 2015, around 19:30 p.m., the Defendant’s vehicle driving the three-lanes of the 4-lanes on the road in front of the exit area of the additional mountainous district located in the water-free zone in Yangsan City, and changed the three-lanes from the area where the U.S. is prohibited to the opposite lane to the opposite lane.

마침 2차로를 직진 주행 중이던 원고 차량은 피고 차량을 피하기 위해 1차로로 진로변경하며 일시정지하고 있었는데, 1차로에서 직진 중인 D 차량이 원고 차량의 후미를 충돌하였고, 원고 차량이 앞으로 튕기면서 피고 차량과 충돌하는 이 사건 사고가 발생하였다

(See attached Form No. 300). (c)

On January 15, 2016, the Plaintiff paid KRW 30,410,000 to A with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. All judged vehicles are obliged not to change course when they are likely to impede normal traffic of other vehicles running in the direction to which they intend to change.

According to the above facts, the accident in this case appears to have been caused by the negligence of the defendant vehicle, which changed the lane from three lanes to one lane in order to make a U.S.-related internship in the U.S. prohibited section, while neglecting the above duty of care, and it is difficult to recognize the situation that the driver of the plaintiff vehicle was negligent.

Therefore, the defendant, as the insurer of the defendant vehicle, is obligated to pay the plaintiff's automobile repair cost, etc. due to the accident in this case, to the plaintiff who acquired the right of indemnity in accordance with the subrogation doctrine.

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