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(영문) 서울중앙지방법원 2017.03.21 2016나46726
구상금
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer of the comprehensive automobile insurance contract regarding B-car (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the Defendant’s Intervenor regarding C-car (hereinafter “Defendant”).

B. On November 13, 2015, around 13:46, the Defendant’s vehicle following the Plaintiff’s Defendant’s vehicle running along the second line (hereinafter “instant road”) adjacent to the intersection of Pyeongtaek-si D apartment (hereinafter “instant road”) led to a collision between the Defendant’s vehicle driving the Defendant’s vehicle driving along the Defendant’s vehicle driving along the Defendant’s vehicle moving along the two lanes in the vicinity of the intersection and moving back to the first lane (hereinafter “instant traffic accident”).

C. On January 28, 2016, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 154,000 to E, who is the policyholder of the Plaintiff’s vehicle, with the vehicle repair cost insurance.

On the other hand, near the intersection of the road in this case, the two lanes are the white solid lines in which the change of the lanes is prohibited, and the two lanes are the straight line and the right line to the left, and the straight line and the right line to the right.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1 and 4, Gap evidence 3, 4, and 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) The driver of any motor vehicle in accordance with the Road Traffic Act within the occurrence and scope of liability for damages shall not change the course of the road in which the change of the lane is prohibited by the white solid lines (Article 14(5) of this Decree, No. 6 of the Enforcement Rule of the Road Traffic Act, No. 506 of the Road Traffic Act, where he/she intends to make a right-hand through the intersection, he/she shall make a right

(Article 25(1). Taking into account all the circumstances indicated in the instant records, such as the fact of recognition, the background of the instant accident, road situation, etc., the instant traffic accident is prohibited from changing the lanes.

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