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(영문) 서울중앙지방법원 2019.08.16 2018나82337
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to D Passenger Vehicles (hereinafter “Defendant Vehicles”).

B. On August 10, 2018, around 13:10 on August 13:10, 2018, the Defendant vehicle changed the lane from the first lane to the second lane in the vicinity of the hospital distance in front of Gangnam-gu Seoul, Seoul, and collision with the left rear wheels of the Plaintiff vehicle, which was straighted in the second lane.

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

On September 19, 2018, the Plaintiff paid KRW 825,000 in total with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant’s vehicle was located in the front section at the time, and thus, the instant accident occurred with the wind to change the course in an unreasonable way without examining the surrounding area, and thus, the instant accident was entirely caused by the negligence of the Defendant’s driver.

B. Although the Defendant’s assertion that the instant accident occurred near the intersection, it is necessary to reduce the speed and see the road. However, since the Plaintiff’s driver neglected to do so and the instant accident occurred, the negligence of the Plaintiff’s driver is more than 30%.

3. Determination

A. The following circumstances acknowledged based on the above facts and the evidence revealed earlier, namely, ① Defendant vehicle was in the signal atmosphere at the first lane and was in the front section, and thus, it inevitably changed the course from the first lane to the second lane, and ② it does not interfere with the passage of vehicles entering the direction of change even when change of course is permitted (Article 19(3) of the Road Traffic Act).

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