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(영문) 서울중앙지방법원 2019.01.30 2018나58600

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

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C, and the Defendant is an insurer who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant vehicle”).

B. C’s proxy driver E driving a G vehicle owned by Dong-dong F (hereinafter “Plaintiff”) and driving it on January 9, 2017 (hereinafter “the instant road” in this case, hereinafter referred to as “the instant road”) at the seat of the head of Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, the Elderly Welfare Center for the Aged at the seat of the 10-lane-dong-dong, Dong-dong, Dong-dong, Dong-dong,

While bypassing from the four-lanes, there was an accident of collision with the defendant vehicle in the five-lanes of the road of this case.

hereinafter referred to as the "accident of this case"

(c) From February 10, 2017 to December 4, 2017, the Plaintiff paid KRW 25,822,600 to F with medical expenses, etc. over 13 times. [The Plaintiff did not have any dispute over the grounds for recognition, as well as the purport of the entire pleadings and arguments.]

2. Determination on the cause of the claim

A. The plaintiff asserted that the accident of this case was caused by the negligence of the driver of the plaintiff's vehicle, who was bypassing from the fourth lane of the road of this case, and the negligence of the driver of the defendant's vehicle, who neglected to perform the duty of front-round and straight-rounding on the fifth lane of the road of this case, which is the right right-hand lane, and that the defendant is obliged to pay the plaintiff the indemnity amount equivalent to 30% of the negligence ratio of the plaintiff and the defendant'

B. According to Article 19(3) of the Road Traffic Act, 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 he/she intends to change his/her route, and pursuant to Article 25(1) of the Road Traffic Act, where the driver of any motor vehicle intends to make a right-hand way at the intersection, the driver of any motor vehicle shall proceed along the right-hand side of the road

Modern, Modern, Doz.