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(영문) 서울중앙지방법원 2021.02.04 2020나52438
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to D (hereinafter “Defendant”).

B. On December 23, 2019, around 17:28, 2019, the Plaintiff’s vehicle driven the 3-lane in the front direction of the front direction of the North Korean Dos, and it conflicts with the Defendant’s vehicle that changed the course from the said two-lane to the three-lane (hereinafter “instant accident”).

On February 12, 2020, the Plaintiff paid 419,000 won, excluding 200,000 won of the insured’s own share at the repair cost of the Plaintiff’s vehicle.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) The instant accident is the Plaintiff’s driver of the Plaintiff’s vehicle due to an accident that occurred due to a sudden change of course without turning the Defendant’s direction toward the vehicle’s moving line. Therefore, the Defendant’s driver is fully responsible for the instant accident.

The argument is asserted.

(2) As to this, the Defendant did not take measures, such as reduction, even though the Plaintiff’s driver was able to know that the Defendant’s vehicle would change from the two lanes to the three lanes, and caused the instant accident. As such, the Plaintiff’s driver was at fault of 30% on the part of the Plaintiff’s driver.

The argument is asserted.

B. (1) The following circumstances are revealed by comprehensively taking account of the evidence revealed prior to the occurrence of the right to indemnity. In other words, (1) The driver of any motor vehicle is prohibited from changing course when it is likely to impede normal traffic of another motor vehicle running in the direction to which the right to indemnity is to be changed (Article 19(3) of the Road Traffic Act) and from changing course when it is intended to change course while driving in the same direction.

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