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(영문) 서울중앙지방법원 2018.09.20 2018나18763
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

1. A claim for indemnity in connection with a traffic accident that occurred in the vicinity of a resting area in the Sigjin-gu Expressway around March 19, 2017;

2. The instant accident is an accident in which the Defendant (B) who driven along one lane among the two lanes of the Plaintiff (A) is changing the two lanes in order to overtake the Plaintiff’s vehicle, but again, changing the two lanes in the direction of the Plaintiff’s vehicle, and the part before and after the Plaintiff’s vehicle is changed. The Plaintiff’s vehicle, before the instant accident occurred, was driving ahead of the Defendant’s vehicle and completed the two lanes at a reasonable distance from the Defendant’s vehicle, and the Defendant’s driver was also aware of the change of the lane of the Plaintiff’s vehicle. The Defendant vehicle could not be seen as having known of the change of the two lanes in order to reduce the safety distance of the Plaintiff’s vehicle, but it is difficult to find the safety distance from the Plaintiff’s vehicle to be changed in the front and rear direction of the Plaintiff’s vehicle. However, it is difficult to deem the Plaintiff’s vehicle to have been changed in the two lanes in front of the Plaintiff’s vehicle.

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