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(영문) 서울중앙지방법원 2019.07.26 2018나83491

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

B. On July 26, 2018, around 15:30, the Plaintiff’s vehicle is proceeding along the two lanes in front of the e-mail located in Gwangju Northern-gu, the Defendant’s vehicle stopped in the same direction on the two-lanes, and the two-lanes of the vehicle conflict with the front right side of the Defendant’s vehicle and the left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On August 23, 2018, the Plaintiff paid KRW 2,498,00 as insurance money at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 7 evidence, Eul's 1 through 7, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case was caused by the change of the vehicle line to the two-lanes in which the defendant vehicle, who was at the left turn, was at the same time the vehicle of the plaintiff itself, was at the right turn. Thus, the plaintiff asserts that the vehicle of the defendant was at fault.

As to this, the defendant's vehicle, even though the defendant's vehicle occupies direction direction, etc. and attempted to change the direction slowly, it is unreasonable for the plaintiff's vehicle to proceed without concession.

Since the accident occurred, the negligence of the defendant vehicle should be limited to 60%.

(b) When it is anticipated that a driver of any motor vehicle will impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course of his/her motor vehicle, he/she shall not change course (Article 19 (3) of the Road Traffic Act), and when intending to change course while driving his/her motor vehicle in the same direction, he/she shall make signals with his/her hand, direction indicator or light

(Article 38 (1) of the Road Traffic Act). In this case, the health unit and the foregoing.