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(영문) 서울남부지방법원 2018.08.23 2018나50275

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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. Around 09:40 on December 17, 2016, the Plaintiff’s vehicle, at the vicinity of the right-hand side of the scopon road of the scopon road of the scopon road of the scopon on the scopon road of the scopon road, to enter the right-hand side by changing the vehicle’s car rapidly, and the Defendant vehicle tried to turn back the vehicle to the right-hand side of the scopon road of the scopon road of the scopon road between 09:40, and collision with the Plaintiff vehicle by moving to the right-hand side of the vehicle.

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

On January 13, 2017, the Plaintiff paid KRW 34,950,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6, 8, Eul evidence 1 and video (including provisional number), the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Defendant vehicle, which caused the negligence of the Plaintiff’s vehicle in the process of changing the vehicle’s vehicle, and neglected to perform the duty of fronting and fronting, and the degree of 70% by the negligence of the Defendant vehicle.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff 24,465,000 won (34,950,000 won x 70%) and delay damages.

B. 1) Article 19(3) of the Road Traffic Act provides that “All drivers of vehicles shall not change their course when it is likely to impede normal traffic of other vehicles running in the direction to which they intend to change their course.” In full view of the evidence as seen earlier, the instant accident is likely to obstruct normal traffic of other vehicles.”