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(영문) 서울중앙지방법원 2017.04.20 2017나6220
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. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid association which entered into a mutual aid agreement with respect to B buses (hereinafter “Defendant Vehicles”).

B. On November 28, 2015, at around 06:18, the Defendant’s vehicle driven along the two lanes of the third-lane road in the vicinity of the intersection of Seodaemun-si, the two-lane from the two-lane to the one-lane, and the front part of the Plaintiff’s right side of the vehicle driven in the first lane, while changing the vehicle from the two-lane to the one-lane, was shocked into the front part of the Defendant’s left side.

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

On February 29, 2016, the Plaintiff paid KRW 2,802,00 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. In light of the fact that the driver of a vehicle is likely to obstruct the normal passage of another vehicle running in the direction to change the course of the vehicle (Article 19(3) of the Road Traffic Act). In light of the fact that the vehicle of this case, among the roads in which the driver of the vehicle of this case changed the course of the vehicle of this case, at the time of the accident, the vehicle of this case conflicts with the right side of the vehicle of the plaintiff driving ahead of the left side of the vehicle of this case, while the vehicle of this case has not been sufficiently secured the distance with the vehicle of this case, it seems that the vehicle of this case is unreasonable to change the vehicle of this case, despite the fact that the vehicle of this case did not have sufficiently secured the distance with the vehicle of the plaintiff, and conflicts with the right side of the vehicle of the plaintiff driving ahead of the vehicle of this case while changing the vehicle of this case without properly verifying

Therefore, the defendant, who is the mutual aid association of the defendant vehicle, is the delivery date of a copy of the complaint of this case from March 1, 2016, which is the day following the payment of the plaintiff's insurance money paid by the plaintiff to the plaintiff.

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