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(영문) 서울남부지방법원 2018.08.23 2017나66242

구상금

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

B. On January 4, 2017, around 06:58, the Defendant vehicle changed the lane from the two lanes to the three lanes from among the four lanes in the 4 lanes in the direction of the Mangyang-si, the Mangyang-si, the Hanyang-si, in order to avoid this, and the Plaintiff’s vehicle driving on the three lanes changed the lane to the four lanes, and collision with C vehicles (hereinafter “the 1 damaged vehicle”), and shocked D vehicles (hereinafter “the 2 damaged vehicle”) by pushing the said C vehicle due to its shock.

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

From February 7, 2017 to March 20, 2017, the Plaintiff paid KRW 7,065,150 in total as the repair cost and the agreed amount of each of the instant damaged vehicles due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence No. 1 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver on the ground that the Plaintiff’s vehicle, while driving along the Defendant’s four-lanes from the two-lanes of the four-lanes, was changing the two-lanes to the three-lanes of the three-lanes of the two-lanes of the two-lanes

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. Article 19(3) of the Road Traffic Act provides, “The driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change course of the motor vehicle.”

In full view of the evidence as seen above, the accident of this case is normal in other vehicles.