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(영문) 서울남부지방법원 2020.10.08 2019나68815

구상금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On December 1, 2018, around 18:52, the occurrence of an accident that conflicts with the front part of the right side of the Defendant’s vehicle, which was sent to the right side of the Plaintiff’s vehicle bypassing at the third lane, on the three-lane road in the direction of half-gu distance from the Ulsan-gu E private apartment, Ulsan-gu, U.S. E, and on the two-lane road.

(hereinafter “instant accident”). C.

On December 31, 2018, the Plaintiff paid 625,440 won after deducting 156,000 won from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7, Eul evidence Nos. 1, 2, 3 and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts and the evidence mentioned above, it is recognized that the first lane of the road in which the accident in this case occurred is the right-hand turn for the left-hand turn, the second lane is the right-hand turn for the left-hand turn, the third lane is the vehicle exclusively used for the right-hand turn, the road that enters the intersection in which the accident in this case occurred by the right-hand turn is somewhat close to the right-hand direction, the defendant vehicle immediately before the occurrence of the accident was signaled at the second lane, and the plaintiff vehicle was waiting for the third lane.

In such a situation, despite the duty of care to pass along the intersection so that the vehicle that intends to go straight along the two-lanes does not interfere with the passage of the vehicle moving along the three-lanes as appropriate, the driver of the defendant vehicle neglected such duty of care, and immediately left the right right after departure without considering the vehicle of the plaintiff that is attempting to turn on the three-lanes. Ultimately, the part of the back of the driver's seat and the back side of the vehicle of the plaintiff vehicle was shocked with the front side of the defendant vehicle.

The background of the instant accident, the form of the road where the instant accident occurred, and the original and the Defendant.