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(영문) 서울중앙지방법원 2019.01.22 2018나67482
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

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

B. On October 29, 2017, around 11:44, the Plaintiff’s vehicle moved into two lanes on the two-lane road in the front of the F in the Yongsan-gu, Busan Metropolitan City E. The Defendant’s vehicle running at the first lane is changing into two-lanes.

The lower part of the lower part of the Defendant’s vehicle and the front part of the Plaintiff’s vehicle conflict with the lower part of the front part of the front part and the front part thereof, which led to the conflict between the Plaintiff’s vehicle and the lower part of the road boundary.

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

On January 5, 2018, the Plaintiff paid KRW 739,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The following circumstances are revealed in light of the overall purport of the arguments in the evidence admitted as above. ① The driver of any motor vehicle shall not change course when the change of course is likely to obstruct the normal passage of another motor vehicle running in the direction of the change. The defendant's vehicle is adjacent to the plaintiff's motor vehicle driving ahead of the two lanes in the first lane, and it is unreasonable to change course in the second lane.

The accident of this case occurred. <2> The point of accident of this case is that the straight line of the two lanes is plucked up to the right side, and the one lane where the defendant's vehicle is driven by the defendant's vehicle is moving to the internship again; and the width of the road at the point of the above digging is narrow relatively narrow and the two lanes run together, the driver of both lanes are obliged to pay attention to the movement of the left and right-hand vehicle while driving along the slowly, and ③ The driver of the plaintiff's vehicle is the defendant.

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