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(영문) 서울중앙지방법원 2020.09.18 2020나2945
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

purport.

Reasons

1. Facts of recognition;

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

B. On April 15, 2019, while the Plaintiff’s vehicle was on the road by Jongno-gu Seoul Jongnoro 6, the Defendant’s vehicle attempted to change its course in the future of the Plaintiff’s vehicle.

Plaintiff

The accident that conflicts the left-hand side of the vehicle (hereinafter referred to as the “instant accident”) occurred.

C. On April 26, 2019, the Plaintiff paid KRW 3,750,00,000, excluding KRW 500,000,000, as the repair cost of Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap 1 through 10 evidence, each entry or video of Eul 1 through 5, and purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s vehicle, while the Defendant’s vehicle was in a sudden transit, seeking a change of course in the future of the Plaintiff’s vehicle, and that the collision occurred on the left side of the Plaintiff’s vehicle.

B. While the Defendant’s assertion that the instant accident occurred along the three-lanes on the 5-lane road, while attempting to change the lanes into the four-lanes, the Plaintiff’s vehicle is driving without accelerating or concessioning the movement of the Defendant vehicle while discovering the movement of the Defendant vehicle.

As a result, the fault of the Defendant vehicle cannot be seen as having occurred, and among the particulars of the repair cost of the Plaintiff vehicle, the fronter and the fences of the Plaintiff vehicle shall be deemed to be part of the existing damaged part that is not related to the instant accident.

C. The following circumstances, i.e., the instant accident, based on the fourth-lane road of the five-lane road, recognized by the overall purport of the arguments as seen earlier, are the accidents involving the Defendant’s vehicle driving in the three-lane course while the Plaintiff’s vehicle was driving in the normal direction, and the Defendant’s vehicle at the time is the Plaintiff’s vehicle.

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