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(영문) 서울중앙지방법원 2017.05.31 2017나7391
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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 7, 2016, around 17:40, the Plaintiff’s vehicle proceeded along the two lanes among the third line roads adjacent to the Gyeongdong-dong, Gyeonggi-do, and continued to proceed after changing the lane from the point where the left turn is expanded to the fourth line due to the increase of the exclusive lane to the left turn.

At the time, the Defendant’s vehicle is proceeding along the two-lanes of the above four-lanes, without operating the direction direction, and entered the same one-lane where the Plaintiff was proceeding, and accordingly, the front right part of the Plaintiff’s vehicle, which was straighted, was shocked on the left side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On August 25, 2016, the Plaintiff paid KRW 3,799,000 as the insurance money for the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence or video (including provisional number), the purport of whole pleadings

2. The driver of any motor vehicle in his/her judgment shall not change his/her course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act);

In light of the above legal provisions, the following circumstances acknowledged in light of the health stand, the facts recognized as seen earlier, and the evidence, i.e., the Defendant’s vehicle, without checking the progress of the surrounding vehicle on the second line at the time of the instant accident, immediately entered the Defendant’s vehicle into the first line where the Plaintiff’s vehicle was in progress. At the time of the instant accident, the Defendant’s driver did not operate the direction light, etc., and ② at the time of the instant accident, the Defendant’s vehicle intends to cut from the second line to the first line.

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