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(영문) 서울중앙지방법원 2018.01.31 2017나58665
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

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 has concluded each comprehensive automobile insurance with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 8, 2016, at around 19:55, the Defendant vehicle attempted to change the lane rapidly from the first lane to the six-lane in which the Plaintiff’s vehicle was driven by the Defendant vehicle, on the front side of the Defendant vehicle, while trying to change the lane to the six-lane in the first lane. The left side of the Plaintiff vehicle was driven by the front side of the Defendant vehicle.

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

On October 4, 2016, the Plaintiff paid a total of KRW 4,040,920 to the Plaintiff’s automobile repair cost.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5 (including paper numbers) or video, the purport of the whole pleadings

2. According to the occurrence and scope of the liability for damages, the driver of the Defendant’s vehicle has to pay attention to preventing collision by reducing the speed in preparation for the passage and change of course of the vehicle travelling along the right lane due to the nature of the point where the instant accident occurred and the decrease of the right lane after the passage of the charge. However, the Defendant’s driver attempted to leave the vehicle without due care for driving the vehicle driving along six lanes on the right side. The instant accident occurred by the driver’s negligence of the Defendant’s driver.

I would like to say.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,040,920 and the amount of delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from October 5, 2016 to March 2, 2017, the delivery of a copy of the complaint of this case, which is the day following the payment date of insurance money, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of

3. The claim in this case is justified, and the judgment of the court of first instance is just in conclusion.

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