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(영문) 서울중앙지방법원 2017.10.13 2017나28527

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 judgment of the court of first instance.

Reasons

Basic Facts

The plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as "Plaintiff vehicle") and the defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter referred to as "Defendant vehicle").

The outline of the instant accident is as follows.

On September 23, 2015, the date and time of the accident: On September 23, 2015, the accident was caused by one-way traffic along the opposite direction of the Plaintiff vehicle and the Defendant vehicle located in Guro-gu Seoul Metropolitan City: On the other hand, while the vehicle and the Defendant vehicle are driving along the one-way traffic route, the accident occurred that conflict between the right side of the Plaintiff vehicle and the left side of the Defendant vehicle, and immediately after the accident occurred, two vehicles stopped in front of the moving direction of the Defendant vehicle.

On March 18, 2016, the Plaintiff paid KRW 1,268,00 as insurance money for the Plaintiff’s vehicle damages.

【In the absence of dispute, the Plaintiff asserted that there was an accident in this case as soon as possible after the Defendant’s vehicle and the right side part of the Plaintiff’s vehicle, and that the Plaintiff’s negligence on the part of the other party’s vehicle in the course of overtaking the Defendant vehicle. The Plaintiff asserted that the Plaintiff’s negligence on the part of the other party’s vehicle is larger than that of the other party’s vehicle, and that the Plaintiff’s negligence on the part of the other party’s vehicle in the course of overtaking the Defendant vehicle.

Judgment

The driver of any motor vehicle shall not change course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act). Taking into account such relevant provisions and the reasons explained below, the accident in this case shall not be the motor vehicle for the plaintiff on the road on which the lane is not divided.