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(영문) 서울중앙지방법원 2018.11.27 2018나32547

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

[Claim]

Reasons

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

On July 9, 2015, at the time of the accident, the insured vehicle A, at the location of the insured vehicle A B, at the time of the accident, the insured vehicle A, at the location of 2:15 on July 12:15, 2015 at the time of the accident, was driven in three lanes in the direction of the road collision situation in front of the Sung-dong Sungdong Sung-dong Sung-dong Sung-dong, the Plaintiff insured vehicle (hereinafter “Plaintiff vehicle”) at the location of the three lanes, and the Defendant insured vehicle (hereinafter “Defendant vehicle”) who was making a sudden stop in order to attempt a sudden turn in the vicinity of the center line on the right line beyond the point at which the right line came into the right line and was going to the right line, was paid the remaining part of the vehicle to the Plaintiff, and 20,000,000,000 won (based on recognition), the insured vehicle’s self-payment charges for the insured vehicle’s own loss of KRW 20,000,00 (including the number and image number)

2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the Defendant’s driver, and sought the full amount of the insurance money paid by the Plaintiff, and damages for delay from the day following the payment date.

First of all, we examine the argument that the negligence of the driver of the defendant vehicle is 100%.

In all circumstances, such as the background of the accident shown in the above facts and records, the degree of conflict and shock, and in particular, in cases where the driver of the plaintiff vehicle intends to make a left-hand turn, right-hand turn, right-hand turn, crossing, crossing, driving, stop, or backward, or to change course while driving in the same direction, the signal shall be given by hand, direction indicator or light until the act is completed (Article 38(1) of the Road Traffic Act), and in cases where the driver intends to make a right-hand turn at the intersection, he/she shall make a right-hand turn while driving along the right-hand side of the road in advance (Article 25(1) of the Road Traffic Act), and the driver of the plaintiff vehicle go straight ahead of the edge of entering the right-hand side of the road without any direction at the time.