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(영문) 서울중앙지방법원 2018.06.12 2018나8513
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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 12:00 on September 1, 2017, the Defendant’s vehicle sent and stopped at the two-lanes, the right-hand left-hand turn on the south-gu Incheon Nam-gu sublime’s roads (hereinafter “instant roads”), which are the two-lanes, the right-hand turn-hand turn-hand turn-on, and was changing the three-lanes into the three-lane, the straight straight lines, the left-hand turn-on of the Plaintiff’s vehicle.

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

On September 25, 2017, the Plaintiff paid insurance proceeds of KRW 2,548,90 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealing the overall purport of the arguments in the evidence admitted prior to the occurrence of the liability for damages, namely, ① the Defendant’s vehicle has changed to three lanes, a straight line, a straight line, where the right turn turn turn turn turn on the road of this case enters.

The accident in this case occurred, <2> the accident in this case occurred, <2> the accident in this case is located between lanes and the two lanes in which the change of course is prohibited (Article 14(5) of the Road Traffic Act and subparagraph 6 of the Enforcement Rule of the Road Traffic Act), ③ the driver shall not change the course when it is likely to obstruct normal passage of other vehicles running in the direction of change when it is intended to change course (Article 19(3) of the Road Traffic Act), and the driver of the defendant vehicle shall not change the course when it is likely to obstruct normal passage of the other vehicles running in the direction of change (Article 19(3) of the Road Traffic Act).

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