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(영문) 서울중앙지방법원 2017.09.29 2017나30414

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

The plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter referred to as "Plaintiff vehicle") and the defendant is an insurer who has entered into a motor vehicle insurance contract with respect to B (hereinafter referred to as "Defendant vehicle").

The outline of the instant accident is as follows.

On October 27, 2016, the date and time of the accident: On October 27, 2016, the accident occurred in the D resting area located in Samsung-si: The accident occurred with the defendant vehicle that the plaintiff vehicle moved to the right right side while driving along the passage between the parking area at the said resting area and tried to move to the right side of the vehicle while driving to the right side of the vehicle.

On October 31, 2016, the Plaintiff paid insurance proceeds of KRW 288,600 as the parts and repair cost of the Plaintiff’s vehicle.

【The driver of any motor vehicle of the relevant regulations concerning the determination of the purport of all the statements or images and arguments in subparagraphs A through 8 and B shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction intended for the change of course (Article 19(3) of the Road Traffic Act), and where it is intended to change course when the driver of any motor vehicle intends to change course while driving in the same direction, he/she shall make a signal with hand, direction indicator or light until such act is completed.

(Article 38(1) of the Road Traffic Act. The driver of any motor vehicle shall pass along the left-hand side of the motor vehicle running ahead of another motor vehicle (Article 21(1) of the Road Traffic Act), shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead, and shall overtake the motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator, light or horn, considering the speed and route of the motor vehicle traveling ahead and the road conditions.

(Article 21(4) of the Road Traffic Act. The content of the liability for damages and the evidence established prior to the occurrence of the liability shall be as follows.