logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.04.12 2017나1034
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicles owned by the Plaintiff Intervenor A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. On June 14, 2016, around 19:32, the Defendant’s vehicle was proceeding along the second line among the third-way lanes near the 3rd line at the entrance of the Seocho-gu Seoul Seocho-gu Yang Jae-gu, Seocho-gu, Seoul, to the right side of the Plaintiff vehicle that was proceeding along the first line. Accordingly, the part of the entrance on each side of the right side of the Plaintiff vehicle and the pent part was destroyed.

(hereinafter “instant accident”). C.

On June 22, 2016, the Plaintiff paid KRW 412,950 for the repair cost of the Plaintiff’s vehicle with the insurance proceeds for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 7, 10 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to an unreasonable change in the course of the Defendant’s vehicle, and the Plaintiff’s vehicle could not avoid the accident. Therefore, the instant accident entirely occurred due to the negligence of the Defendant vehicle.

B. The Defendant’s assertion that the instant accident occurred even on the side of the Plaintiff’s vehicle, since the Defendant’s vehicle intending to drive slowly and change its course first, the Plaintiff’s vehicle could avoid the accident due to slowly driving.

C. 1) Except as otherwise provided, drivers shall pass along the lane on the road where the lane is marked off, and the vehicles that intend to change course on the road shall use hand, direction indicator or light to make the signal until the act is completed (see Articles 14(2) and 38(1) of the Road Traffic Act).

arrow