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(영문) 제주지방법원 2019.08.28 2018나14434

구상금

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The judgment of the first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 13,746,00 as well as to the plaintiff from September 12, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurance business entity that has entered into a comprehensive motor vehicle insurance contract with the D motor vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a personal taxi mutual aid agreement with respect to EF taxi owned by the Defendant (hereinafter “Defendant”).

B. Around 08:53 on August 23, 2017, E operated the Defendant vehicle and turn to the left from the front intersection of the G in Seopopo City to the fire brigade inside H from the front intersection of the H. On the other hand, a traffic accident that conflicts between the front side of the Plaintiff and the front side of the Defendant vehicle of the C Driving, which was entered on the opposite side of the vehicle, (hereinafter “instant accident”).

C. On September 11, 2017, the Plaintiff paid KRW 229.10,00 as insurance money to C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 (including virtual numbers; hereinafter the same shall apply), Eul evidence 1 through 3, 5 through 8, and 11, and the purport of the whole pleadings

2. The main point of the Plaintiff’s claim is that the accident occurred due to the Defendant’s failure to make a left-hand turn at the center line. Therefore, the Defendant’s fault at the Defendant’s vehicle is 100%. Therefore, the insured of the Defendant’s vehicle shall pay the Plaintiff the amount equivalent to the total amount of the above insurance money

3. Determination

A. In general, a motor vehicle driver who operates a road along which a median line is generally installed along his/her own lane is believed to maintain his/her own lane and thereby, barring any special circumstance that could anticipate the abnormal operation of the other motor vehicle, the other motor vehicle does not have the duty of care to drive the other motor vehicle at the time when the other motor vehicle intrudes into the median line, and even if the motor vehicle is the median line which is permitted to go beyond the median line on both sides of the road, the driver does not take other appropriate measures to avoid obstacles in light of the objective condition at the time of passing the median line.