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(영문) 서울중앙지방법원 2015.06.11 2015나2477
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of A.I.D. A. B. O.C. (hereinafter “Plaintiff”) and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to CM5 automobiles (hereinafter “Defendant vehicle”).

B. On May 24, 2014, the Plaintiff driving the Plaintiff’s vehicle at around 14:30, while driving three lanes in front of Dongdaemun-gu Seoul Metropolitan Government D, one of three lanes in front of Dongdaemun-gu, Dongdaemun-gu, with the view to the shooting distance of the new paddy-gu.

While bypassing to the direction of the Cheong River, the accident of contact with the defendant's vehicle moving to the same direction was caused (hereinafter referred to as the "accident of this case").

The conflicting side is the left side of the plaintiff's vehicle and the right side of the defendant's vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment asserted that the accident in this case was caused by the negligence of the driver of the defendant vehicle who bypassed the vehicle without attaching the right side of the road and leaving the space to pass by the plaintiff's vehicle.

According to the overall purport of the video and arguments in the evidence No. 1, the Plaintiff’s vehicle was proceeding along the Defendant’s vehicle; the Plaintiff’s vehicle was acceleratingd to the right side of the Defendant vehicle; the Plaintiff’s vehicle entered the right side of the Defendant vehicle; and the Plaintiff’s vehicle and the Defendant’s vehicle are faced with each other when the Defendant’s vehicle starts on a right side (see Article 14(2) of the Road Traffic Act). In light of the fact that the driver must pass along the lane (see Article 14(2) of the Road Traffic Act); and the vehicle should pass along the left side of the vehicle in front of another vehicle (see Article 21(1) of the Road Traffic Act), the driver of the Defendant vehicle, who is going along three lanes of the three lanes of the two lanes, could expect the Plaintiff’s entry into the edge of the road.

(1) have the duty to prepare for this in advance.

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