logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.23 2017나72104
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. Around 10:10 on November 8, 2016, the Defendant’s vehicle driven along the fourth-lane of the Seoul Metropolitan Escopon Highway near the coefficient, and stopped due to the vehicle’s well. However, while the Plaintiff’s vehicle driving at the fourth-lane from the Defendant’s vehicle to the fourth-lane, the Plaintiff’s vehicle shocked the right side of the front side of the Defendant vehicle in front of the left side of the Plaintiff’s vehicle while changing the fourth-lane to the five-lane.

(hereinafter referred to as “instant accident”). C.

On November 30, 2016, the Plaintiff paid KRW 3,666,600 at the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including branch numbers, if any)

2. The assertion and judgment

A. The plaintiff's assertion that the accident in this case occurred when the defendant's vehicle stops like the above recognized facts, not that occurred while the plaintiff's vehicle is proceeding in the future, but that occurred while the plaintiff's vehicle stops while attempting to change the lane. The defendant is entirely responsible for the occurrence of the accident in this case's vehicle, and the defendant is obliged to pay the insurance money paid by the plaintiff and the damages for delay.

B. The following facts and circumstances acknowledged by the aforementioned facts and the overall purport of the evidence and arguments as seen earlier, namely, the Defendant’s vehicle at the time of the instant accident, unless there are special circumstances where the vehicle ought to resume at the time of the instant accident, while the Plaintiff’s vehicle needs to proceed in the future to change the lane, and the road, which is the place of the instant accident, seems to have never been sloped in parallel.

arrow