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(영문) 광주지방법원 2015.08.28 2014나54324
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A and B K7 vehicles (hereinafter “Plaintiff vehicle”) with the insurance period from July 19, 2012 to July 19, 2013, and the Defendant is an insurer who entered into an insurance contract with C with D (hereinafter “Defendant vehicle”).

B. On April 4, 2013, at around 16:35, the two-lanes of the two-lanes of the two-lane road in the Eastern Food Intersection in Gwangju Northern-gu, the Plaintiff’s driver’s seat and the part of the Defendant’s upper right-hand side of the Defendant’s vehicle that entered the said intersection and moved to the right-hand side of the second line from the credit-dong bank and moved to the right-hand side of the second line.

(hereinafter “instant accident”). C.

On April 25, 2013, the Plaintiff paid KRW 1,757,900 for the repair cost of the Plaintiff’s vehicle to the Plaintiff’s vehicle service in relation to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Gap evidence No. 6, and judgment as to the ground for appeal as a whole

A. According to the Road Traffic Act, in cases where the driver of any motor vehicle intends to make a right-hand side through an intersection, he/she shall make a right-hand side of the road in advance (Article 25(1)), and shall not overtake any other motor vehicle at the intersection (Article 22(3)1). In cases where he/she intends to change his/her course and it is likely to impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change his/her course (Article 19(3)). According to the above recognition, the driver of any motor vehicle shall not change his/her course when the driver of any motor vehicle enters the intersection from the first lane, which is the right-hand side of the road, without properly verifying the fact that the motor vehicle was moving to the intersection from the second lane, which is the right-hand side of the road, without properly verifying it.

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