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(영문) 전주지방법원 2018.08.23 2017나9391
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract between January 23, 2017 to January 23, 2018 with respect to the motor vehicle B (hereinafter referred to as “Plaintiff-motor vehicle”) with respect to the insurance period.

The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter referred to as “Defendant vehicles”) between C on May 18, 2016, with the insurance period from May 18, 2016 to May 18, 2017.

Plaintiff

On February 1, 2017, the vehicle driven along the two-lanes of the front road of the building in Dongdaemun-gu, Seoul Special Metropolitan City on February 1, 2017, and tried to change the lane into one-lane without turning the direction, etc.

At this time, the defendant's vehicle was driven behind the first road.

Plaintiff

When the vehicle starts with a one-lane line, the distance between the plaintiff's vehicle and the defendant's vehicle was difficult to change the other vehicle's price.

Although the Defendant’s vehicle was parked down, there was an accident where the part of the front part of the Defendant’s vehicle and the rear part of the Plaintiff’s left part of the vehicle (hereinafter “instant accident”).

The Plaintiff paid KRW 800,000 to F, who is the passenger of the Plaintiff vehicle, within the reasonable scope of damages.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, as well as the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff asserted that the defendant's driver's negligence in relation to the accident of this case constitutes at least 30%, and thus, the plaintiff's claim against the defendant for payment of 240,000 won (=80,000 won x 0.3) paid to F in accordance with the insurer's subrogation doctrine.

Judgment

Article 19 (3) of the Road Traffic Act provides that the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to change course of the motor vehicle.

In other words, career changes are different lanes.

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