beta
(영문) 서울중앙지방법원 2019.11.29 2019나37389

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. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle EF on September 14, 2018 and around 21:20 on September 25, 2018 at the time of the accident, while the plaintiff vehicle in the situation of the collision with the intersection in front of the Dodong Police Station in Dobong-gu Seoul Metropolitan City, the vehicle in the situation of the collision, along the three-lanes of the above location, was going through the Changdong Underground Road in Nowon-gu, along the four-lanes of the above location, the defendant vehicle going through the intersection while attempting to change the lane from the above direction to the main road of the plaintiff vehicle, the vehicle in the above direction was trying to pass through the intersection. The vehicle in the above direction was trying to pass over the defendant vehicle by increasing the speed of the plaintiff vehicle and the left side of the defendant vehicle. On October 25, 2018, the payment of the insurance money was paid in KRW 3,206,000,000 of the self-paid cost of the insured vehicle in front of the plaintiff vehicle.

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to the previous negligence of the Defendant’s driver of the Defendant vehicle, who moved to the direction section and the intersection where the change of course is prohibited without operating the direction device, in such a way as to obstruct the course of the Plaintiff’s vehicle. The Plaintiff’s driver, as the driver of the Plaintiff’s vehicle, is unable to conduct an rapid operation for the safety of the left side and the rear side vehicle, making it impossible to avoid a collision with the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff who acquired the Plaintiff’

B. The driver of the Plaintiff’s vehicle found the Defendant’s vehicle driving along the three-lanes in front of the Defendant’s vehicle and changed the course to the two-lanes, passing through the intersection, and then changing the lane to the Defendant’s road driving ahead of the left side of the Defendant’s vehicle. Thus, the instant accident is the Plaintiff’s vehicle.