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(영문) 서울중앙지방법원 2016.09.22 2016나22591
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

purport.

Reasons

1. Facts of recognition;

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 June 15, 2015, at around 10:15, the Defendant’s vehicle, along the two-lanes of the three-lane road in front of the Cvalescent Hospital located in the Busan East-gu, Busan, going into the same air-sections. While changing the vehicle’s body from the front side to the three-lane line, the Defendant’s vehicle turned into the front side of the Defendant’s right side after the left side of the Plaintiff’s vehicle, which turned into the third-lane road along the front side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On June 30, 2015, the Plaintiff paid KRW 1,188,500 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence A 1 through 9, Evidence B 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant's vehicle changed from the two lanes to the three-lanes, and the part behind the left side of the plaintiff's vehicle driven in the front line. The plaintiff's vehicle driving ahead of the defendant's vehicle could not avoid all the defendant's vehicle entering the front line by changing the three-lane, so the defendant should pay the above insurance money of KRW 1,188,500 paid by the plaintiff in relation to the accident of this case caused by the total negligence of the defendant vehicle as above.

In this regard, the defendant asserts that the accident of this case occurred due to the conflict between the plaintiff's vehicle, who was straight along the three-lanes while the defendant's vehicle moved slowly from the two-lanes to the three-lanes, is trying to proceed first without driving, and the two vehicles are negligent.

B. We examine the judgment, and examine the aforementioned evidence and the purport of the entire pleadings. The instant accident is prior to the following changes.

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