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(영문) 서울남부지방법원 2015.12.18 2015나460
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On April 13, 2012, B, such as the instant accident, driven a C-Aburt Transporting Vehicle (hereinafter “instant A-Wort Vehicle”) on April 13, 2012, with two lanes from the 845 Round Apartment-ro, Seoul Special Metropolitan City, Nowon-gu, to the 21 to 30 km each hour of the three-lanes from the 3-lanes: (a) changed the lanes into one lane without sufficiently considering the traffic situation of the lane intended to move; (b) changed the lanes from one lane to 31 to 40 km each hour with the same direction as the instant D-Wing Vehicle; and (c) caused the Plaintiff to suffer the instant accident (hereinafter “the instant accident”) by causing the collision between the two parts of the instant vehicle, which require the back wheels of the D-Wed Vehicle (hereinafter “C-Wed Vehicle”) to the left side of the instant accident (hereinafter “the instant accident”).

B. The Plaintiff is the wife of D, who is the driver of the affected vehicle of this case, and the Defendant is the insurer who concluded the comprehensive automobile insurance contract with respect to the affected vehicle of this case.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 4, 5-1, and the purport of whole pleadings

2. Occurrence of liability for damages;

A. According to the above fact of recognition of liability, the accident in this case occurred due to the violation of the duty of care to safely drive the vehicle in front and rear left, and prevent the accident by safely driving the vehicle in front and rear left, while changing the lane B, and therefore, the defendant, the insurer of the vehicle in this case, is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

B. According to the attached Table 9 of Article 16(1) of the Enforcement Rule of the Road Traffic Act limiting liability, two-wheeled automobiles are three lanes in the case of two-lanes.

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