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(영문) 서울남부지방법원 2018.01.26 2017나60183

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 first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with B bus (hereinafter “Defendant vehicle”).

B. On May 27, 2016, around 17:40, around 17:40, the Plaintiff’s vehicle stopped in order to get off the Defendant’s vehicle at the fourth-lane road in front of the exit of the Ycheon-si Office of the Ycheon-si, the two-lane of the exit of the Ycheon-si, which started again, and was driven at the second-lane in front of the Defendant vehicle while straighting, the Plaintiff’s vehicle driven ahead of the Defendant vehicle while driving ahead of the vehicle, which led to the collision between the front part of the Plaintiff’s vehicle and the front part of the Defendant’s vehicle’s driver’s seat, resulting in an accident involving the Plaintiff’s driver C and the front part of the Defendant’s seat (hereinafter “instant accident”).

C. On August 23, 2016, the Plaintiff paid a total of KRW 561,030 for the medical expenses of Plaintiff driver C, and KRW 67,550 for the medical expenses of the said passenger D.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 (including additional numbers), Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s driver, who illegally stopped on the three-lanes, instead of the four-lane passenger getting off and unloaded the passengers, and changed the lane without examining the front and rear seat, and thus, the Defendant is obliged to pay the Plaintiff KRW 628,580, which the Plaintiff paid to the injured for medical treatment in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act.

B. Article 25(1) of the Road Traffic Act provides that “In cases where a driver of any motor vehicle intends to make a right-hand through an intersection, he/she shall proceed to the right-hand side of the road in advance.”

In this case, we can find out the facts of the above recognition and the evidence mentioned above.