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(영문) 서울중앙지방법원 2020.10.23 2020나34782

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the comprehensive automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On September 19, 2018, around 10:27, the Plaintiff’s vehicle driven the first lane of the four-lane road in the vicinity of the subsidiary distance in the Jung-gu Daejeon-dong, Daejeon, along the direction of the side of the side of the Plaintiff’s vehicle, while the Defendant’s vehicle driving the same two-lane of the same road in the front of the Plaintiff’s vehicle is trying to change the two-lane, and the front part of the front part of the Defendant’s driver’s seat was shocked.

(hereinafter referred to as “instant accident”). C.

On February 19, 2019, the Plaintiff paid KRW 500,000 (excluding KRW 200,000 of the self-paid premium) as insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 5, Eul evidence 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle, since the defendant's vehicle caused the shock of the plaintiff vehicle while changing the vehicle in a unreasonable manner.

As to this, the defendant asserts to the effect that the accident of this case occurred because the driver of the plaintiff vehicle failed to yield the concession even though the defendant vehicle changed the vehicle line slowly, it is the driver's negligence of the plaintiff vehicle.

B. Article 19(3) of the Road Traffic Act provides that “When the driver of any motor vehicle intends to change course of the motor vehicle, 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 the change is sought.” (2) The details of the instant accident, which may be known by the evidence revealed prior to the recognized fact, and the relevant vehicle.