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(영문) 서울중앙지방법원 2020.01.09 2018나76769
손해배상(자)
Text

1.The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of C Vehicle, a rental vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On June 3, 2017, around 19:40, the Defendant’s driver passed through the southyang-si, Seoyang-si, Seoul Yangyang-si, Seoul Yangyang-do (Seoul), and tried to enter the three-lanes of the road along the side at the point where the road is combined. On the other hand, the Plaintiff’s front side of the vehicle running along the three-lanes and the lower side side side of the Defendant’s vehicle, which led to the collision between the Plaintiff’s front side side and the lower side side side of the Defendant’s vehicle (hereinafter “instant accident”).

C. The Plaintiff’s vehicle was registered as a new lane on April 26, 2017. At the time of the instant accident, the market price of the Plaintiff’s vehicle was 19,085,700 won, and due to the said accident, the Plaintiff’s vehicle was damaged by major structural parts, such as the Rof panel, fran pen, and center pen, and the repair cost was 11,896,157 won.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1 through 5, and 8, result of the commission of appraisal to E by this court, purport of whole pleadings

2. The parties' assertion

A. The accident of this case by the plaintiff is driving on the side of the road in violation of the traffic method on the expressway.

The responsibility ratio of the defendant's vehicle is 90% because the defendant's vehicle was changed to a driving lane without turning the direction direction, etc.

The Plaintiff suffered loss of 11,896,157 won for the automobile repair cost, 1,122,200 won for the 31st day of the repair period, and 2,859,350 won for the main structural part, due to the damage to the automobile repair cost due to the instant accident.

Therefore, the defendant 14,289,936 [=15,87,707 won = 11,896,157 won 1,122,200 won 2,859,350 won] x 90% of the defendant's liability ratio, hereinafter the same shall apply] and damages for delay.

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