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(영문) 서울중앙지방법원 2017.03.17 2016나67792

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

Facts of recognition

The Plaintiff is the insurer of the comprehensive motor vehicle insurance for B-Wed Vehicle (hereinafter referred to as the “Plaintiff-Wed Vehicle”), and the Defendant is the driver of the C-Wed Golf Vehicle (hereinafter referred to as the “Defendant-Wed Vehicle”) at the time of the instant accident.

Around November 20, 2015, the Defendant’s vehicle turned into the third line road of the Seocho-gu Seoul Metropolitan Government Yangnam-dong 2, Seocho-gu, and the two-lane, while changing the two-lane, the left-hand part of the Plaintiff’s vehicle driven in the same direction into the right-hand part of the Defendant vehicle.

C. On December 4, 2015, the Plaintiff paid insurance proceeds of KRW 667,300 at the cost of repairing the Plaintiff’s vehicle.

【Based on recognition, the Plaintiff’s assertion that the Plaintiff was liable to compensate for damages due to the overall purport of the arguments and records (including paper numbers), the Defendant’s vehicle, in violation of the method of career change and entered the two-lanes and entered the instant accident. The Plaintiff’s vehicle, which was proceeding in accordance with two-lanes of the same direction, was unable to avoid the Defendant vehicle.

Since the defendant's negligence falls under 100%, the defendant should pay to the plaintiff the total amount of 667,300 won and damages for delay.

The defendant's assertion that the accident of this case contributed to a considerable portion of the negligence of the plaintiff vehicle.

The driver of any motor vehicle in the relevant laws and regulations shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change course of the motor vehicle (Article 19(3) of the Road Traffic Act). On the other hand, in cases where the driver of any motor vehicle intends to change course while driving in the same direction, he/she shall make a signal with hand, direction indicator or light until such act is completed.

(Article 38 (1) of the same Act). The same way as the defendant's vehicle is running in the same direction as the ordinary road.