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(영문) 서울남부지방법원 2019.07.05 2018나66690
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On December 4, 2017, around 16:30, the Plaintiff’s vehicle is proceeding two lanes among the three-lane roads in Suwon-gu, Suwon-si, Suwon-si. However, the Defendant’s vehicle, which was proceeding in the same direction after the Plaintiff’s vehicle, proceeds in the right lane (three-lane) of the Plaintiff’s vehicle, and immediately entered the Plaintiff’s vehicle in front of the Plaintiff vehicle, and the signal was rapidly suspended by yellow signal.

Accordingly, the front part of the Plaintiff’s vehicle and the lower part of the Defendant’s vehicle conflict with each other.

(hereinafter referred to as “instant accident”). C.

On December 12, 2017, the Plaintiff paid KRW 690,000,00 as insurance money, except for KRW 200,000 as self-paid expenses at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, or the purport of the whole of video and pleading

2. Determination

A. According to Article 19(3) of the Road Traffic Act regarding the instant accident, the driver of any motor vehicle shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change course of the motor vehicle.

In addition, according to Article 21 (1) of the same Act, the driver of any motor vehicle shall pass along the left side of the motor vehicle running ahead of another motor vehicle, and according to Article 21 (3) of the same Act, the driver of any motor vehicle intending to overtake another motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead of it, and he/she shall overtake the motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator lights or horn, depending on the speed and route of

In addition, according to Article 38 (1) of the same Act, all drivers of vehicles are the same.

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