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(영문) 서울중앙지방법원 2020.04.01 2019나60044
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

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”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On March 3, 2019, around 17:30, on the road near the Mansan-dong, the Plaintiff’s vehicle was changing from two lanes to one lane, and the Defendant’s vehicle was shocked (hereinafter “instant accident”).

C. The Plaintiff paid KRW 990,000 as insurance money to the Plaintiff’s driver E in terms of medical expenses, etc.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 and video

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s driver who did not fulfill the duty of care required for the change of lanes and the negligence of the Defendant’s driver who did not carefully examine the Plaintiff’s vehicle seeking a change of course on the side of the lane. Since the negligence ratio exceeds 70% of the Plaintiff’s driver and 30% of the Defendant’s driver, the Plaintiff’s insurer, who is the Defendant’s driver, seek payment of the money, such as the written claim, against the Defendant’s insurer.

B. The driver of any motor vehicle shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to change the course of the motor vehicle (Article 19(3) of the Road Traffic Act). However, in full view of the purport of the entire arguments as seen earlier, the road where the instant accident occurred is one-lane traffic road, and the intersection between the point where the instant accident occurred and the point where the instant accident occurred is one-lane, and the intersection between the two-lanes is crossing to the point where the intersection is no longer possible, for the convenience of the vehicle bypassing the right-way road at the point where the intersection is located and the right-hand route is wider between the point where the right-hand lane passes and the right-hand lane is wider.

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