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(영문) 대구지방법원 2017.06.21 2017나301856
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

1...

Reasons

1. Basic facts

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

B. On December 23, 2015, around 13:55, the Plaintiff’s vehicle proceeded along the three lanes on the fourth line road near the station located in Daegu Jung-gu, Daegu, along the four-lane. The Defendant’s vehicle changed from the first lane to the two-lane, and the Defendant’s vehicle changed the vehicle from the second lane to the two-lane, and the Defendant’s vehicle shocked the left side of the right side of the Defendant’s vehicle and the front part of the lower wheels and the front part of the Plaintiff’s vehicle.

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

On January 19, 2016, the Plaintiff paid KRW 855,400 as insurance money for the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident is an accident caused by the change of the Defendant’s own car line without the indication of the change of the vehicle line. Since it is entirely caused by the negligence of the Defendant’s vehicle, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay the Plaintiff the repair cost of the Plaintiff’s vehicle and the damages for delay thereof. (ii) The Defendant’s vehicle is not anticipated to change the Plaintiff’s vehicle from the third vehicle to the second vehicle line, but is negligent in the Plaintiff’s vehicle that did not yield any concession even if it could anticipate the situation of the front line, and is also negligent in the Plaintiff’s vehicle that did not drive any concession even though it is possible to predict the situation of the front line, and at the time of the indemnity dispute resolution, the Plaintiff’s fault ratio of the Plaintiff’s vehicle to 30% is determined as 20%.

B. The following circumstances, i.e., the Plaintiff’s vehicle, which can be recognized by comprehensively taking account of the evidence and the purport of the entire pleadings, as seen earlier.

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