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(영문) 서울중앙지방법원 2020.09.23 2020나5517
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

4. The judgment of the court of first instance is rendered on August 1, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded an automobile insurance contract with respect to D Freight Vehicle (hereinafter “Defendant Vehicle”).

B. At around 18:10 on December 28, 2018, the Defendant’s vehicle changed the course from the third lane to the second lane in the intersection near the Goyang-gu E Apartment-gu, Seoyang-gu, Yangyang-si, to the right side of the front part of the Plaintiff’s vehicle, where the two-lanes of the said road was underway.

(hereinafter “instant accident”). C.

On January 8, 2019, the Plaintiff paid KRW 1,511,110 (excluding self-charges) for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 to 3, video (including paper numbers) and the purport of whole pleadings

2. Determination

A. The evidence revealed as follows, i.e., (i) the Defendant vehicle which attempted to change course from the third to the second two-lane of the accident occurred, and the Plaintiff vehicle appears to have continued to proceed with the second two-lane of the accident; (ii) the Plaintiff vehicle has shocked the front right side in the case of the vehicle; (iii) the Defendant vehicle has shocked the left side side of the vehicle where the front right side is installed; and (iv) the Plaintiff vehicle appears to have proceeded to use the front right part and the front right part of the vehicle in the process of changing the vehicular road; and (iv) the Defendant vehicle attempted to change course at the crosswalk, which is prohibited from changing course while entering the intersection in which the instant accident occurred, due to the previous negligence of the Defendant vehicle.

B. The plaintiff's right to indemnity.

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