beta
(영문) 서울중앙지방법원 2018.11.27 2018나64032

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle A, at the time of the insured vehicle A, on March 21, 2018 at the time of the accident, and around 13:14 on March 21, 2018, the insured vehicle, at the location of Kimpo-si, Kimpo-si, and the insured vehicle (hereinafter referred to as “Plaintiff vehicle”) whose course changed from the next to the second to the second to the second one, has been changed from the third to the second one, and the insured vehicle (hereinafter referred to as “Defendant vehicle”) was changed from the second to the second one. The latter part of the insured vehicle was the front part of the insured vehicle, without any dispute over KRW 391,00,00 (based on recognition), the self-payment of the insured vehicle, which is the self-payment of the insured vehicle, as security (based on recognition), Gap evidence No. 1 to 4, Eul evidence No. 1 and No. 2, and the purport of the entire pleadings and arguments.

2. The Plaintiff asserts that the instant accident occurred due to the negligence of the Defendant’s driver who was predicted later while making a change of course at the latest, even though the Plaintiff’s vehicle had first changed its course from the first lane to the second lane, and then claimed the total amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the final payment date.

When the driver of any motor vehicle following the motor vehicle traveling in the same direction stops suddenly, the driver of any motor vehicle shall maintain a distance necessary to avoid any collision with the motor vehicle traveling ahead of it (Article 19(1) of the Road Traffic Act), and the driver of any motor vehicle intending to overtake shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead of it, and shall overtake the motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator, lights or horn, depending on the speed and route of the motor vehicle traveling ahead and other road conditions (Article 21(3) of the Road Traffic Act), and considering the overall purport of the arguments as a whole, the driver of any motor vehicle shall secure the safety distance with the motor vehicle traveling ahead of it, and the speed and altitude of the motor vehicle traveling ahead of it.