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(영문) 서울남부지방법원 2019.10.10 2019나51602
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the IMW vehicles (hereinafter “Defendant vehicles”). The Defendant is an insurer who has concluded each automobile insurance contract with respect to the IMW vehicles (hereinafter “Defendant vehicles”).

B. On March 23, 2018, around 08:10 on March 23, 2018, there was a traffic accident between the Plaintiff and the Defendant, who changed the lane from the third lane to the third lane on the roads of the 3rd line in the Seo-gu Incheon Special Metropolitan City Tax Office, and the Plaintiff’s vehicle driving in the third lane to the third lane.

At the time of the accident, part of the chief part of the defendant vehicle entered the three-lane.

C. In the event of the foregoing traffic accident, from April 20, 2018 to July 17, 2018, the Plaintiff paid insurance proceeds of KRW 9,736,600 in total (the amount shall be deducted from KRW 500,000) for the repair cost of the Plaintiff’s vehicle three times.

On August 13, 2018, the Plaintiff filed a request for deliberation with the E Committee, and on August 13, 2018, the E Committee decided to recognize the ratio of negligence between the Plaintiff’s driver and the Defendant’s driver.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 8, Eul evidence Nos. 1, 3 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion lies in the occurrence of the Plaintiff’s vehicle, which was normally straight driving in the process of changing the Defendant’s vehicle in an unreasonable manner.

As such, since the above traffic accident occurred due to the unilateral negligence of the driver of the defendant vehicle, the defendant is obliged to pay the above 9,736,600 won and damages for delay to the plaintiff.

B. According to the above recognition of the first liability for damages and the evidence revealed earlier, the driver of the Defendant vehicle, at the time of the occurrence of the foregoing traffic accident, sought to change the two lanes from the two lanes to the three lanes, and thus, it is necessary to change the course by sufficiently examining the speed and distance between the other vehicle.

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