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(영문) 대전지방법원 2019.07.18 2019나100774

구상금

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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract for D vehicles (hereinafter referred to as “Plaintiff vehicle”) with C as the insured, and the Defendant is a mutual aid business operator who has entered into a mutual aid agreement for Fsi owned by E (hereinafter referred to as “Defendant vehicle”) under the Passenger Transport Service Act.

Plaintiff

On January 18, 2018, around 11:05, vehicles came to the right turn at the intersection near the new-dong, Chungcheongnam-gu, Seoul Metropolitan City, by receiving the left turn turn at the two-lanes and the left turn turn at the intersection near the new-dong, dong-gu, Seoul Metropolitan City.

The Defendant’s vehicle, from the same point of view, turn to the left at the same one lane, changed to the four-lanes through three-lanes immediately after the entry into the said intersection, followed the left side of the Plaintiff’s vehicle located in the upper right part of the Defendant’s vehicle, and the lower part of the Plaintiff’s vehicle located in the fourth lane.

(hereinafter “instant accident”). By March 28, 2018, the Plaintiff paid KRW 1,176,720 to C’s medical expenses incurred from the instant accident.

[Ground of recognition] The following facts and circumstances can be acknowledged by comprehensively taking into account the following facts and circumstances, which can be found in the absence of dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purpose of the entire pleadings, and the whole purport of the pleadings prior to the determination of the error ratio of the entire pleadings. ① When the driver of any motor vehicle intends to change course, 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 of change (Article 19(3) of the Road Traffic Act). The driver of any motor vehicle is negligent by temporarily changing two laness from four lanes to four lanes even if the plaintiff was in office at a considerable speed from four lanes, and ② in the event that the driver of any motor vehicle intends to change course to starboard along the same direction, the driver of any motor vehicle is from the point at which it reaches the point at which the act is intended to change course to starboard.