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(영문) 서울중앙지방법원 2017.06.30 2016나51605
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. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the purpose of the entire pleadings and arguments on the statements and images set forth in Gap evidence 1 to 6, Eul evidence 3.

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).

B. Around 19:00 on December 18, 2015, the driver of the Plaintiff’s vehicle was driving three lanes from the four-lane road in front C in front of C in front of C in front of the new village road to the front bank of Silung-do.

However, when the driver of the Defendant vehicle driving at the opposite side of the running direction of the Plaintiff vehicle left the left, the driver of the Defendant vehicle driving along the straight line around the Plaintiff vehicle (hereinafter referred to as “on-way vehicle”) stopped suddenly by the intersection, and the Plaintiff vehicle driving behind the front vehicle received the rear part of the right side of the Plaintiff vehicle driving ahead of the stop of the vehicle, as such, from the left side of the Plaintiff vehicle.

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

From January 8, 2016 to January 19, 2016, the Plaintiff paid KRW 1,002,670 as repair cost of the Plaintiff’s vehicle due to the instant accident, and KRW 7,128,850 as repair cost of the front vehicle, and KRW 8,131,520 as total.

2. Determination

A. Article 19(1) of the Road Traffic Act provides that “If the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the motor vehicle traveling ahead of it stops suddenly, the driver shall secure a necessary distance to avoid any collision with the motor vehicle traveling ahead of it.”

Therefore, a driver of a vehicle running along a vehicle ahead of it is sufficient safety distance with the vehicle ahead in order to prevent any sudden accident from being caused by any sudden driving or accident of the vehicle ahead of it.

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