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(영문) 서울중앙지방법원 2020.05.26 2019나70577 (1)
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiffs”). The Defendant is liable for damages with respect to accidents during official duties in the United States Armed Forces in the Republic of Korea pursuant to the Agreement under Article IV of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter “SOFA”).

B. On March 5, 2019, the C vehicle belonging to the United States Armed Forces in Korea (hereinafter referred to as “Defendant vehicle”) was running two-lanes of the four-lane road in the direction of the four-lane four-lane radius in the south-gu Southern-gu, Daegu-gu, Daegu-gu on March 5, 2019, and the two-lanes of the two-lanes of the two-lane road in the direction of the four-lane direction, with the right front and rear wheels of the Plaintiff vehicle driving the three-lane direction.

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

On May 22, 2019, the Plaintiff paid KRW 6,613,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

(a) Where a driver of any motor vehicle intends to change course and it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route, he/she shall not change his/her route (Article 19 (3) of the Road Traffic Act); and where the driver of any motor vehicle intends to make a left-hand turn, right-hand turn, crossing, crossing, drive a U-turn, stop his/her motor vehicle, stop his/her motor vehicle behind, or change his/her route while driving the motor vehicle in the same direction,

(Article 38(1)(b) of the same Act.

The following circumstances, i.e., the defendant vehicle's direction for the change of the vehicle, etc., can be acknowledged by comprehensively taking into account the evidence and the purport of the entire arguments as mentioned above.

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