beta
(영문) 서울중앙지방법원 2017.03.23 2016나43567

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. With respect to B-si owned by the Plaintiff’s Intervenor (hereinafter “Plaintiff”), the Defendant is a mutual aid business entity that entered into a mutual aid agreement on the C-si owned by the Yeongdeungpo-gu taxi Co., Ltd. (hereinafter “Defendant”) with respect to the Plaintiff’s Intervenor.

B. Around 00:01 on April 25, 2015, the Defendant’s driver changed the way from three lanes to two lanes in the intersection of Mapo-gu Seoul Mapo-gu Seoul Metropolitan City, the two-lane of the two-lane to the intersection of the Mapo-gu Office (hereinafter “non-party vehicle”) while driving along the two-lanes of the two-lanes from the intersection to the intersection of the intersection of the Mapo-gu Office, the Defendant’s driver changed the two-lane to one lane to avoid this, and compared the two-lane to the two-lane of the Plaintiff’s driver’s seat in front of the right side of the Defendant’s vehicle.

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

Due to the instant accident, E and F on board the Plaintiff’s vehicle suffered an injury in the number of days of treatment, the Plaintiff shall be the medical expenses and the agreed amount, and KRW 1,947,770 on July 28, 2015, and the same year.

9.14. 14. 3,375,200 won paid to F respectively.

【Facts without dispute over the ground for recognition】 The statements or images of Gap's 1 through 3, Eul's 1 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The driver of a vehicle in charge of determining the cause of the claim shall not change the course when it is likely to obstruct the normal traffic of other vehicles running in the direction of the vehicle (Article 19(3) of the Road Traffic Act). According to the above facts of recognition, the accident of this case is urgent without considering the situation of the one-lane in the process of avoiding the collision between the non-party vehicle and the non-party vehicle without changing the lane in a safe way to avoid the collision between the vehicle and the non-party vehicle without changing the lane.