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(영문) 서울남부지방법원 2019.05.03 2018나62070
구상금
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 an insurer who has entered into an automobile insurance contract with Cone Star Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with DPoter Vehicles (hereinafter “Defendant Vehicles”).

B. On November 20, 2015, around 17:10 on November 20, 2015, the Plaintiff’s vehicle running along the first lane among the three-lane roads near the F Elementary School located in Jung-si, in the intersection, where the Plaintiff’s vehicle traveling along the second two-lanes at the intersection, and the two-lanes were stopped over a two-lane and three-lanes, and the traffic of the Defendant vehicle, which start slowly, led to an accident attributable to the fronter on the left side of the Plaintiff’s vehicle.

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

The Plaintiff paid KRW 1,931,310 in total as the repair cost, personal compensation, etc. of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1, 2 and 3, video, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to the former negligence of the Defendant’s driver of the vehicle who started from the Defendant’s own place without examining the movement of the surrounding vehicle at all, and without using the direction, etc., while driving the vehicle. Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the insurance money of KRW 1,931,310 and the delay damages therefrom paid to the Plaintiff pursuant to Article 682 of the Commercial Act.

3. Determination

A. Article 25(1) of the Road Traffic Act provides that "If a driver of any motor vehicle intends to make a right-hand side through an intersection, he/she shall proceed along the right-hand side of the road in advance, and Article 19(3) of the same Act provides that the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course of the motor vehicle.

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