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(영문) 서울중앙지방법원 2016.04.01 2015나49681
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance policy with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the insurer who has entered into an automobile comprehensive insurance policy with respect to C vehicles (hereinafter “Defendant vehicles”).

B. At around 15:25 on January 19, 2015, D, driving the Defendant vehicle, driving the Defendant vehicle, driving the four-lanes between the five-lanes near the 391km located in the Busan located at the Busan located at the Busan located at the Busan located at the Gandong-dong Busan located, which led to a change of the vehicle to five-lanes, and neglecting the duty of the front direction, etc., leading the left side of the Plaintiff vehicle to the front side of the Defendant vehicle.

(hereinafter “instant accident”). C.

By March 3, 2015, the Plaintiff paid KRW 11,010,000 for the repair cost of the Plaintiff’s vehicle caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 11 through 13 (including each number for those with several numbers), Eul evidence 1 to 3, the purport of the whole pleadings and arguments

2. Determination

A. According to the above fact-finding on the cause of the claim, in the situation where the driver of the defendant vehicle drives the vehicle to drive the expressway while driving the vehicle on the expressway, the accident of this case is reasonable to deem that the driver of the defendant vehicle was negligent in neglecting his duty of care to safely change the vehicle line so that it does not interfere with other vehicles on the front and rear left, while neglecting his duty of care to safely change the vehicle line so that it does not interfere with the vehicle on the front and rear left at the same time.

B. The Defendant alleged that the instant accident was an accident that occurred while the Plaintiff’s vehicle attempted to change the vehicle line in light of the collision level and the speed after the shock of the Plaintiff’s vehicle, but it is not sufficient to recognize the instant accident solely with the descriptions of the evidence Nos. 1 and 4, and there is no other evidence to acknowledge it. Rather, the Defendant’s assertion is insufficient.

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