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(영문) 서울중앙지방법원 2019.08.21 2018나86049
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 an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On September 8, 2018, around 5:25, the Defendant’s vehicle driven along one lane among the two-lane roads in Seodaemun-gu Seoul Hongdong (hereinafter “instant road”), and the Plaintiff’s vehicle driven along the following behind the Defendant’s vehicle on the same lane.

C. Around the arrival of the U.S. branch, the Defendant’s vehicle driven along the two-lanes after changing the course to the two-lane. Accordingly, the Plaintiff’s vehicle continued to drive along the one-lane and passes through the side of the Defendant’s vehicle. As the Defendant’s vehicle conflicts with the Plaintiff’s vehicle, which was in a straight line, while changing its course to the one-lane, the lower part of the Defendant’s vehicle and the front part of the driver’s seat of the Defendant vehicle were damaged.

(hereinafter “instant accident”). D.

On September 19, 2018, the Plaintiff paid KRW 1,854,700 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7, Gap evidence Nos. 1, 3, 5, 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion changed the course to a two-lane in which the U.S. driver could not perform a U.S., while driving on the road of this case, the Defendant’s vehicle was cut on his own in order to drive the Defendant’s U.S. driver, and in the process, conflict with the Plaintiff’s vehicle.

Plaintiff

As a driver of a vehicle, he could not at all expect or avoid the same driving of the Defendant vehicle, the instant accident is caused by the negligence of the Defendant vehicle.

B. The defendant's assertion that the defendant's vehicle was not completely changed to the two-lanes at the time of the accident in this case, and thus, the defendant's attempt was made two-lanes.

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