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(영문) 광주지방법원 2019.05.10 2018나63067
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of D vehicle (hereinafter “Defendant vehicle”).

B. On March 18, 2018, at around 15:40, the Plaintiff’s vehicle: (a) avoided the vehicle stopped in front of the F store in Nam-gu, Nam-gu, Nam-gu, Gwangju from the seat of G University to the seat of the B University, for left turn while driving at the one-lane road between the two-lane and the two-lane.

The defendant vehicle changed the two-lanes to three-lanes in order to avoid the conflict with the plaintiff vehicle, which is moving into the two-lanes in the above road. While discovering the vehicle that intends to enter the three-lanes from the right side of the running direction to the two-lanes, the driver of the plaintiff vehicle was damaged due to the shock of the first part of the driver's seat of the vehicle while changing the two-lanes into the two-lanes.

(hereinafter “instant accident”). C.

On April 17, 2018, the Plaintiff paid KRW 234,000 as insurance money for self-vehicle damage caused by the instant accident.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including branch numbers where there are branch numbers), and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred while the Defendant’s vehicle did not turn on the direction direction light, and the Plaintiff’s vehicle could not have predicted the change of the two lanes. Therefore, the instant accident occurred by fault of the Defendant’s 100%.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff KRW 234,00 as the indemnity amount for the accident of this case and its delay damages.

B. According to Article 19(3) of the Road Traffic Act, the driver of any motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction to change course of the motor vehicle.

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