(영문) 서울중앙지방법원 2018.05.10 2017나81184

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(영문) 서울중앙지방법원 2018.05.10 2017나81184

손해배상(자)

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1. Of the judgment of the first instance court, KRW 436,816 against the Plaintiff and its related thereto are from August 5, 2017 to May 10, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of A urban bus vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 4, 2017, around 18:10 on August 4, 2017, the Plaintiff’s vehicle (hereinafter “instant accident”) went along the fourth lane along the five-lane road in front of the D hotel in Gangnam-gu Seoul, Seoul, and the front part of the Defendant’s vehicle, which attempted to change the lane from five to four-lanes, and the front part of the right side part of the Plaintiff’s vehicle (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff asserts that, although the driver of the plaintiff vehicle at the time of the accident at the time of the accident at the time of the accident at issue, the accident occurred due to the sudden change of the driver of the defendant vehicle, and thus, the driver of the vehicle at the time of the accident at the time of the accident at issue, the defendant asserts that the driver of the vehicle at the time of the accident at issue is responsible for the transfer of the vehicle to the driver of the defendant vehicle. On the other hand, although the driver of the vehicle at the time of the accident at issue, even though he attempted to change

3. Determination

A. 1) The driver of any motor vehicle who is liable to compensate for damages shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to change the course of the motor vehicle (Article 19(3) of the Road Traffic Act and the above fact of recognition), and 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 change the course of the motor vehicle (Article 19(3) of the Road Traffic Act and the above fact of recognition that the driver of any motor vehicle is negligent in not negligent in trying to change the lane while checking whether or not the motor vehicle

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-도로교통법 제19조 제3항

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