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(영문) 서울중앙지방법원 2018.11.28 2018나55182
구상금
Text

1. The plaintiff's appeal is dismissed.

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

3.Paragraph 3 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), with respect to the vehicle B (hereinafter “Defendant vehicle”).

B. On September 7, 2017, around 12:15, the Plaintiff’s vehicle driven along the two-lanes of the five-lane road in the direction south-dong, Seongbuk-gu, Sungnam-gu, Sungnam-gu (hereinafter “instant road”), along which the front part of the Defendant’s vehicle and the Plaintiff’s front part of the vehicle conflict with each other while driving along the two-lanes of the five-lane road (hereinafter “instant road”).

C. On September 27, 2017, the Plaintiff paid insurance proceeds of KRW 16,879,000 with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2, Eul evidence 5, photographs of Gap evidence 5, Eul evidence 3, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and judgment

A. The instant accident in the grounds of appeal by the Plaintiff refers to 70% of the fault ratio of the Defendant’s driver of the vehicle due to an accident that occurred while an accident occurred while an accident occurred while an accident occurred while an accident occurred while an accident occurred while an accident occurred while an accident occurred when an automobile was urgently operated without securing the safety distance with the Plaintiff’s vehicle, which is the subsequent vehicle of the Defendant’s vehicle. Accordingly,

B. According to Article 19 of the Road Traffic Act, when the driver of any motor vehicle follows another motor vehicle traveling in the same direction, he/she shall ensure the necessary distance to avoid collisions with the motor vehicle traveling ahead of it in cases where the motor vehicle traveling ahead of it stops suddenly (Paragraph 1), and when it is likely to impede normal traffic of another motor vehicle traveling in the direction to which he/she intends to change his/her course when he/she intends to change his/her course, he/she shall not change his/her course (Paragraph 3), or when he/she intends to prevent any danger, or when it is inevitable.

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