logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.03.24 2016나46038
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

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

B. On June 7, 2015, around 10:05, the Plaintiff’s vehicle runs the three-lane of the three-lane road at the intersection of the D driver’s license test site located in Nam-gu Busan Metropolitan City (hereinafter “instant accident”) from the GGmert City from the opposite side of the GGatt City (Seoul University), which is a collision with the Defendant’s vehicle that rapidly changed the direction, etc. to the three-lane line to the right side of the Plaintiff’s vehicle without turning on the direction, etc. on the two-lane from the right side of the Plaintiff’s vehicle immediately adjacent to the end of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 7, 2015, the Plaintiff paid KRW 6,120,000 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Gap evidence 8, Gap witness E's testimony

2. Judgment on the plaintiff's claim

A. Article 25 (1) of the Road Traffic Act provides that "if a driver of any motor vehicle intends to make a right-hand side through an intersection, he/she shall proceed slowly along the right-hand side of the road. In such cases, the driver of any motor vehicle that makes a right-hand side shall take care of pedestrians or bicycles that stop in accordance with the new subparagraph." Article 38 (1) of the Road Traffic Act provides that "in cases where the driver of any motor vehicle intends to make a left-hand turn, right-hand turn, cross-turn, drive slowly, stop, stop slowly, or walk back in the same direction, the driver of any motor vehicle shall make a signal by hand, direction indicator or light until the act is completed, and in attached Table 2 of Article 21 of the Enforcement Decree of the Road Traffic Act with regard to the time of the signal, the driver of any motor vehicle shall proceed at least 30 meters (in cases of an intersection, at the right-hand side of the road) before reaching the point where the act is intended

arrow