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(영문) 서울남부지방법원 2020.05.28 2019나62725
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the intervention by the Plaintiff’s Intervenor is the supplementary intervenor.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for D vehicles owned by the Plaintiff’s Intervenor (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with the Plaintiff’s Intervenor (hereinafter “Defendant”).

B. On September 24, 2018, around 19:24, 2018, there was an accident in which the part on the left corner of the Plaintiff’s vehicle, which turned in the two-lanes of the two-lanes, and the part on the right corner side of the Defendant’s vehicle, which turned in the two-lanes from the first lane to the two-lanes (hereinafter “instant accident”).

C. On October 18, 2018, the Plaintiff paid the insurance proceeds of KRW 4,017,00,000, which deducts KRW 200,000 of the repair cost of the Plaintiff’s vehicle from KRW 4,217,00 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence Nos. 1 and 3 and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident of this case occurred due to the total negligence of Defendant vehicle, which caused the rapid change of course within the intersection without turning on the direction light.

In this regard, the defendant asserts that since the defendant's vehicle was bound by the reduction of the vehicle while changing the vehicle, and the plaintiff's vehicle neglected the duty of Jeonju, which was under the speed different from that of the vehicle, the plaintiff's vehicle should also be recognized by negligence of at least 20%.

B. (1) Determination is that Article 19(3) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to change course of the motor vehicle," and Article 38(1) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when intending to change course while driving the motor vehicle in the same direction."

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