logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.28 2020나10434
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

[Claim]

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to the vehicle E (hereinafter “Defendant”).

B. The circumstances leading up to the accident are as follows:

On June 8, 2019, June 16:20, at the time of the accident, the defendant vehicle's insurance relation (hereinafter referred to as the "accident") continued to proceed to the right side of the defendant vehicle at the time when the vehicle under the situation of the collision with the five-lane road (hereinafter referred to as the "road in this case"), which is located on the 4-lane of the road in this case, at the location of the defendant vehicle D E at the location of the vehicle in Seocho-gu Seoul, Seocho-gu, Seoul, at the intersection of a high speed terminal, or at the location of the road in the vicinity of the road in the vicinity of the private distance (hereinafter referred to as the "road in this case"), and there was an accident that conflicts between the front side of the right side of the vehicle in this case and the left side of the vehicle in this case (hereinafter referred to as the "accident in this case"). The insurance money (mutual aid amount) payment amount of the plaintiff vehicle's repair cost of 3,008,000 won (including the payment cost of the plaintiff 2,808,000 won).

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s rapid change of course from the fourth-lane to the fifth-lane of the instant road, and the Defendant’s vehicle was grossly negligent.

B. The defendant's alleged vehicle caused the accident of this case by proceeding to the right side of the defendant vehicle in an unreasonable way without yield despite the recognition of the change of course of the defendant vehicle. The plaintiff vehicle is the main fault of the accident of this case.

3. Determination

A. We examine the following facts and circumstances, i.e., the following facts and circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings.

arrow