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(영문) 서울남부지방법원 2016.03.17 2015나58292
구상금
Text

1. The defendant succeeding intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant succeeding intervenor.

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On July 19, 2014, around 12:45, the Plaintiff’s vehicle was making a right-hand line along the two-lanes (on the two-lanes road, a straight line and a right-hand fall on the two-lane road) from among the two-lanes road in front of the Plaintiff’s apartment, but the front part of the Plaintiff’s vehicle, which was driven by the Defendant’s vehicle on the first-lane (on the one-lane road, a straight line and a right-hand turn turn-hand turn turn-on are indicated) on the left-hand side of the Plaintiff’s vehicle, conflict with the front part of the Plaintiff’s vehicle as the front part of the Defendant’s vehicle, while changing the two-lane line into the two-lane line and making a right

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

On September 19, 2014, the Plaintiff paid KRW 2,195,000 insurance money for the damage of the Plaintiff’s vehicle due to the instant accident.

On May 27, 2015, the Defendant comprehensively transferred the entire insurance contract to the Defendant’s succeeding Intervenor pursuant to Article 140(1) of the Insurance Business Act pursuant to Article 146(1) of the same Act, and the Defendant’s succeeding Intervenor succeeded to the Defendant’s rights and obligations under the insurance contract, and thereafter the Defendant’s succeeding Intervenor succeeded to the instant lawsuit.

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

2. Although the driver of the Defendant vehicle who wants to make a right-hand turn has a duty of care to safely make a right-hand while driving along the right-hand edge of the road, the Defendant vehicle, while driving along the first lane where the straight- or left-hand turn sprinks are marked on the road surface, has changed the vehicle while making a right-hand turn in order to make a right-hand turn rather than the right-hand or left-hand turn, and the Defendant vehicle also changes the vehicle to the right-hand side.

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