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(영문) 서울중앙지방법원 2019.08.22 2018나79669
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a automobile insurance contract with respect to D dump truck (hereinafter “Defendant vehicle”).

B. On May 17, 2018, around 10:23, the Defendant’s vehicle changed the course from the two lanes to the three lanes from the four-lanes in front of the Goyang-gu E Apartment-gu, Seoyang-gu, Yangyang-si, the lower part on the left side of the Plaintiff’s vehicle that proceeds from the three-lanes in the same direction was shocked into the right side of the Defendant’s vehicle.

그 충격으로 원고 차량이 반시계 방향으로 회전하며 재차 피고 차량의 좌측 앞부분과 충돌한 다음 앞으로 튕겨 나가 2차로에서 정차 중이던 F 차량의 우측 뒤 적재함 부분과 충돌하였다

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

On June 4, 2018, the Plaintiff handled the Plaintiff’s vehicle by full-time loss and paid KRW 17,160,000 as insurance proceeds for the Plaintiff’s vehicle loss caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 through 10, Eul evidence No. 2 (including paper numbers), video, the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. The driver of any motor vehicle shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her course (Article 19(3) of the Road Traffic Act). In other words, as the accident occurred in the course of changing the course from the two lanes to the three lanes, the driver of any motor vehicle in the fruit ratio has to have cautioned the traffic of the motor vehicle and changed the lane. ② In the case of a dump truck which is relatively high, such as the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle of the motor vehicle.

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