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(영문) 서울남부지방법원 2016.11.03 2016나54563
구상금
Text

1. Of the judgment of the first instance court, KRW 929,390 against the Plaintiff and the Plaintiff’s objection thereto from March 5, 2015 to November 27, 2015.

Reasons

1. The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter "Plaintiff vehicle"), and the defendant is the insurer who has entered into the comprehensive automobile insurance contract with respect to B vehicle (hereinafter "Defendant vehicle"), there is no dispute between the parties.

2. The parties' assertion

A. The part of the back wheels of the Plaintiff’s driver’s vehicle, who claimed by the Plaintiff, changed the vehicle from the real line to the two lanes in which the change of the vehicle is prohibited, to the two lanes, at the same time as the left-hand turn-hand turn-hand turn-hand, by using the two lanes, was shocked by the front front-hand driver of the Defendant’s vehicle.

Accordingly, the Plaintiff paid KRW 1,127,700 as insurance money for the repair cost of the Plaintiff’s vehicle.

Therefore, the defendant is obligated to repay the amount equivalent to the above repair cost to the plaintiff KRW 1,127,700.

B. The Defendant’s assertion that the instant accident occurred in competition between the Plaintiff’s vehicle and the Defendant’s vehicle due to an accident in contact with the Defendant’s vehicle that had been changed from the first lane to the second lane while driving the Plaintiff’s three lanes, and thus, the Defendant is obligated to compensate the Plaintiff for KRW 929,390.

3. On December 8, 2014, around 19:20, around 19:20, the Plaintiff’s driver of the Plaintiff’s vehicle was moving from three lanes to two lanes on the three-lane road near the Dental clinic in Bupyeong-gu Incheon, Incheon, without using direction direction, etc., and the Defendant’s driver paid KRW 1,127,70 as insurance money to the repair company the repair cost of the Plaintiff’s vehicle on March 4, 2015.

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