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(영문) 서울중앙지방법원 2016.12.07 2016나39360
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of C vehicle (hereinafter “Defendant vehicle”).

B. On November 19, 2014, the Plaintiff’s vehicle is running along the first line of the apartment road in front of the New-dong, Yangcheon-gu, Seoul Metropolitan Government apartment complex 9 apartment complex, Yangcheon-gu. On November 19, 2014, when the Defendant, who was the front of Madle, stopped on the road, driving over the center line of the yellow-ray, so as to overtake the Defendant’s vehicle by passing along the left side and passing over the yellow-ray, and there was a traffic accident where the Defendant’s vehicle, which was going back again, was shocking on the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On October 13, 2015, the Plaintiff paid KRW 784,00 of the insurance money under the name of the repair cost to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. According to the relevant provisions of the Road Traffic Act, in a case where a central line is installed on a road, vehicles and horses shall pass along the right side from the center line of the road (Article 13(3) of the Road Traffic Act). However, when intending to pass ahead of a road with a width of the right side of the road not exceeding 6 meters, the left side of the road can be verified, and only in a case where passing is not likely to interfere with the traffic in the opposite direction and where passing is not prohibited or restricted by the safety signs, the passing at the center or the left side of the road can be allowed (Article 13(4)3). Meanwhile, according to the "Road Traffic Act" and Article 3 and Article 4 of the Road Traffic Act and Article 8(2) [Attachment Table 6] of the Enforcement Rule of the Road Traffic Act, the central line sign is a road display indicating the central line pursuant to Article 14 of the Road Traffic Act.

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