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(영문) 서울남부지방법원 2018.05.31 2017나64024
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 concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On September 28, 2016, around 17:00, the Defendant’s vehicle, who was a U-turn at the shooting distance of the U-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

C. On November 29, 2016, the Plaintiff paid KRW 22,944,300 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver on the ground that the instant accident occurred due to the shock of the Plaintiff’s vehicle, which was driven at a normal left-hand turn in accordance with the new code, while obstructing the Defendant’s normal passage.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. Article 18(1) of the Road Traffic Act provides that “The drivers of vehicles and horses shall be prohibited from crossing the road, making a U-turn, or moving backward the road while driving their vehicles and horses in a case where it is likely to impede the normal flow of pedestrians, other vehicles and horses.”

In light of the situation of the accident of this case and the location of each vehicle and the degree of collision, which can be known by the evidence mentioned above, the accident of this case is due to the total negligence of the driver of the defendant vehicle, who entered the lane where the vehicle of this case normally traveling through the vehicle of this case is driving in order to drive a U-turn.

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