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(영문) 서울남부지방법원 2019.10.04 2019나50319

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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with Dial Vehicles (hereinafter “Defendant”) for Dial Vehicles (hereinafter “Plaintiff”).

B. Around 11:40 on June 1, 2018, while the Plaintiff’s vehicle is proceeding on a one-lane road in Dongdaemun-gu, Dongdaemun-gu, Seoul, Dongdaemun-gu, 463, the accident occurred that the Defendant’s vehicle, which was proceeding behind the Plaintiff’s vehicle, entered the right side of the Plaintiff’s vehicle for overtaking the Plaintiff’s vehicle, was that the Plaintiff’s right side and the Defendant’s vehicle face.

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

On June 14, 2018, the Plaintiff paid insurance proceeds of KRW 956,700 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

(Exclusion of Self-Payment Amounting to KRW 239,00). [Reasons for Recognition] / [Ground for Recognition] A, entry of evidence Nos. 1 through 6 or purport of the whole pleadings and arguments

2. Determination

A. According to Article 21 (1) of the Road Traffic Act, the driver of any motor vehicle shall pass along the left side of the motor vehicle running ahead of another motor vehicle, and according to Article 21 (3) of the Road Traffic Act, in the case of paragraph (1) of the same Article, the driver of any motor vehicle intending to pass ahead of another motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle running ahead of it, and he/she shall pass ahead at a safe speed and in a safe manner, such as using the direction indicator light or horn, depending on the speed and speed of

In addition, according to Article 48 (1) of the same Act, no driver of any motor vehicle shall drive the motor vehicle at a speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance

According to the evidence mentioned above, while driving along a one-lane road, the plaintiff vehicle was driving along the right edge of the road immediately preceding the accident in this case, and the defendant vehicle, which was traveling behind the plaintiff vehicle, is the right edge of the plaintiff vehicle for overtaking.