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(영문) 서울중앙지방법원 2018.01.25 2017나51824

구상금

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

Facts of recognition

The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle B (hereinafter “Plaintiff’s vehicle”), with respect to the Defendant’s vehicle C (hereinafter “Defendant’s vehicle”).

On December 2, 2016, at around 20:52, the Defendant’s vehicle changed its line to five lanes in front of the E Hospital, along the five-lane road located in Daejeon Seo-gu, along the five-lane road, and shocked the left side of the Plaintiff’s vehicle, which was in progress along the five-lane road above the course, into the right side of the Defendant’s vehicle.

(hereinafter “instant accident”). On December 19, 2016, the Plaintiff paid KRW 886,970 for the repair cost of the Plaintiff’s vehicle as insurance proceeds.

[Ground of recognition] The plaintiff asserts that there was no dispute, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 7 through 10, Eul's evidence Nos. 2 through 5, Eul's assertion of the purport of the whole pleadings, and the plaintiff of the judgment party's assertion that the accident of this case occurred due to the whole negligence of the defendant's vehicle that changed the direction without turning on the direction direction.

In this regard, the defendant asserts that the plaintiff vehicle also contributed to the occurrence of the accident of this case by continuously and unreasonably proceeding without yielding despite witnessing the attempt to change the vehicle line of the defendant vehicle while proceeding in the front side of the defendant vehicle.

Judgment

The driver of any motor vehicle shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act). In this case, the driver of any motor vehicle is negligent in changing the course to five lanes unreasonably without using the direction direction, etc., while the driver of any motor vehicle is driving the motor vehicle. Meanwhile, the driver of any motor vehicle is also a driver of any other motor vehicle, who is also a driver of any other motor vehicle, in order to avoid collision with the defendant motor vehicle seeking the change of the lane, such as reducing the speed or yield the course.