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(영문) 서울남부지방법원 2019.06.07 2018나59005
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

1..

Reasons

1. Basic facts

A. With respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to DOcca (hereinafter “Defendant’s vehicle”).

B. On June 26, 2017, around 08:45, the Plaintiff’s vehicle stopped by waiting for a straight-line signal in order to pass through the intersection from the first lane of the two-lane road located in the Seosan-dong, Busan Metropolitan City.

The Defendant’s vehicle, on the two-lanes of the above road, had an accident that conflicts with the upper part of the left part of the Plaintiff’s vehicle and the upper part of the Defendant’s vehicle following the left side of the vehicle, which attempted to prevent the signal from being changed.

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

On July 31, 2017, the Plaintiff paid KRW 477,600 at the repair cost of the Plaintiff’s vehicle.

(Exclusion of Self-Payment 200,000 won). [Reasons for Recognition] / [Grounds for Recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 7, 8, and Eul evidence No. 2, the purport of the whole of the images and pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the accident in this case occurred by changing the vehicle line at the intersection, but there is no evidence to acknowledge it.

However, according to the above facts and the circumstances revealed in accordance with the above facts and the above evidence, in other words, if the driver of any motor vehicle overtakes another motor vehicle, the driver of any motor vehicle must pass on the left side of the motor vehicle in front of the other motor vehicle, notwithstanding the fact that the driver of any motor vehicle intends to pass on the right side of the motor vehicle in violation of the above duty, and in light of the situation of the collision of each motor vehicle, if the motor vehicle is able to pass on the front side of the motor vehicle in front of the other motor vehicle, it would have been likely to avoid collision with the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of this case

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