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(영문) 서울중앙지방법원 2020.11.25 2020나20714
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for 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 concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On May 29, 2019, around 21:30 on May 29, 2019, the Plaintiff’s vehicle was driving along the two lanes near the F of the Sinsan City, along the underground map in the direction of the distance between South and North Korea, and the Defendant’s vehicle parked in the three-lane and did not point the direction direction, etc. on the two-lane, and conflict with the two-lane of the Defendant vehicle, without moving the direction direction, while changing the vehicle into the two-lane, the lower part of the front part of the left part of the Defendant’s vehicle and the front part of the lower part of the Plaintiff’s vehicle.

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

On July 4, 2019, the Plaintiff paid KRW 2,321,80,00 as insurance money after deducting KRW 200,000 as to the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Each entry or video of Gap's evidence Nos. 1 through 7, the purport of the whole pleading

2. The parties' assertion

A. At the time of the instant accident, the Defendant’s vehicle stopped without giving direction, etc., and the instant accident occurred by changing the course of the instant vehicle. As such, the instant accident occurred from the total fault or 90% fault ratio of the Defendant vehicle.

B. The instant accident occurred when the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle were concurrent with that of the Plaintiff’s vehicle, which took place without making the front line.

3. Determination

A. The following circumstances, which can be acknowledged by adding the evidence and the purport of the entire arguments as seen earlier as the facts acknowledged prior to the ratio of negligence, are that the driver of the Defendant vehicle did not turn on the direction direction, etc. and did not properly consider the location, speed, etc. of the Plaintiff vehicle while changing the course. However, the Defendant vehicle does not change the course between the end of the Defendant vehicle and the end of the pleading.

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