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(영문) 서울남부지방법원 2020.03.12 2019나53424

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 an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On November 23, 2017, around the quarter of the 6nd line of Changwon-si, Changwon-si, the window of Changwon-si, there was an accident in which the Plaintiff, who attempted to combine the Plaintiff’s vehicle with the Defendant’s vehicle and Changwon-si, seeking to enter the sports field from the intersection in the direction of the revolving, such as “Y” at the vicinity of the 6nd line of the 4th line, prior to the viewing of Changwon-si, which is the direction of the revolving, and “the site map of traffic accident” as shown in the attached Form “the site map of traffic accident.”

(hereinafter “instant accident”). C.

On December 22, 2017, the Plaintiff paid KRW 1,394,300 (excluding KRW 200,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers), Eul evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that the instant accident occurred due to the Defendant’s unilateral negligence of the Defendant’s driver who changed the lane in an unreasonable manner without properly verifying the change of the lane while the Plaintiff’s vehicle was changing the lane in a normal manner. Therefore, the Defendant is obliged to pay the Plaintiff the amount of KRW 1,394,300 for indemnity and the

B. According to the above facts and the evidence revealed earlier, in the case of a driver who intends to enter the 6-lane-type road to combine the two-lane to the direction of the revolving, the driver of the Plaintiff vehicle has a duty of care to pay attention to the movement of the vehicle driven on the left side line and to enter the road. However, without such duty of care, the driver of the Plaintiff vehicle has entered the six-lane-lane-lane-type road from the Changwon Airport to the three-lane-type road, and the driver of the Plaintiff vehicle has a duty of care to enter and depart from the road.