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(영문) 서울중앙지방법원 2018.09.07 2018나23550
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. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On September 25, 2017, around 16:50 on September 25, 2017, the Defendant vehicle runs one lane from the three-lane road in front of the D Hospital located in Busan Northern-gu, Busan, to the Jincheon-dong side from the front side of the D Hospital.

During the change of the two lanes from the first lane to the second lane, there was an accident that contacts the front part of the plaintiff's vehicle's left side and the right side part of the defendant's vehicle, which was followed by the second two lanes on the same side.

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

On September 29, 2017, the Plaintiff paid KRW 438,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

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

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred when the defendant vehicle did not operate the direction direction, etc. at the point where the road is be bended on the left-hand side, and therefore, the driver of the vehicle in this case has the negligence of transfer to the driver of the vehicle in this case.

As to this, even though the defendant's vehicle attempted to change the vehicle slowly, the plaintiff vehicle is proceeding unreasonably without the concession.

Since the accident occurred, the negligence of the defendant vehicle should be limited to 70%.

(b) When it is anticipated that a driver of any motor vehicle will impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course, he/she shall not change course (Article 19(3) of the Road Traffic Act), and when intending to change course while driving in the same direction, he/she shall make a signal with his/her hand, direction indicator or light until such act ends;

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