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(영문) 서울중앙지방법원 2020.04.24 2019나58386

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

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

B. On January 31, 2019, at around 11:18, the Plaintiff’s vehicle is proceeding to the right-hand road near the F in Busan Dong-gu, Busan, the Defendant’s vehicle, which was stopped on the left-hand side of the one-way road for the purpose of bypassing the intersection, was moving back to the left-hand side of the Plaintiff’s vehicle.

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

On February 28, 2019, the Plaintiff paid KRW 4,184,660, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition: Each description or image of Gap evidence 1 through 8, Eul evidence 1, 2, Eul evidence 3-1, 2-2, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s vehicle stopping on the left-hand side of the one-way road, and the Plaintiff’s driver is not obliged to pay a duty of care to drive the Defendant’s vehicle, which is parked on the left-hand side of the one-way road, even if it is anticipated that the Defendant’s vehicle, who is parked on the left-hand side of the one-way road,

B. The Defendant’s assertion that the instant accident occurred as follows: (a) the Defendant’s vehicle, which was the body of the vehicle, was waiting on the left-hand side of the vehicle to overtake the vehicle by entering the right-hand side of the Defendant vehicle; and (b) the Plaintiff’s fault is more serious.

(c) Where a driver of any motor vehicle intends to make a right-hand side at the intersection, he/she shall proceed slowly to the right-hand side of the road in advance;

(Article 25(1) of the Road Traffic Act. However, in full view of the purport of the entire arguments as seen earlier, the first line is the road traffic with a wide range of roads.