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(영문) 서울중앙지방법원 2021.02.17 2020나6954

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

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

B. On August 19, 2019, around 16:31, in the vicinity of the F shop located in Daegu Northern-gu, the three-lanes of the road is proceeding in the vicinity. After the left-hand side of the Defendant vehicle that changed the two-lanes into the two-lanes, there was an accident that conflicts between the two-lanes of the Plaintiff vehicle’s right-hand part and the two-lanes of the same direction (hereinafter “the instant accident”). The instant accident site is a prohibited zone where the vehicle line is marked as a white solid line.

(c)

On October 1, 2019, the Plaintiff paid KRW 2,721,600, which deducts KRW 200,000 from the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 8, Eul evidence Nos. 2, Gap evidence Nos. 2, 5, 10, 12 (including branch numbers) and the purport of the whole pleadings

2. Determination

A. The circumstance that can be seen from the overall purport of the evidence of the above recognition of the negligence ratio and the changes, namely, the defendant vehicle changed the course from the white solid line, which is an indication of road surface that is prohibited from changing the course near the intersection, according to the field photographs at the time of the accident, most of the defendant vehicle's body enters the two lanes, and the rear wheels of the defendant vehicle enters the two lanes, there is a conflict between the US light after the left side of the vehicle, the part of the defendant vehicle's right-hand part and the part of the plaintiff vehicle's right-hand part, and the accident in this case occurred at about 16:30 times, not during the night where the view is restricted or the traffic is mixed, and the plaintiff changed the course without turning the direction of the defendant vehicle.

In full view of the fact that there is no objective evidence to acknowledge it, the instant accident changes the lane in the prohibited section of course change.