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(영문) 서울중앙지방법원 2019.07.10 2018나79546
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On April 7, 2018, around 13:10, the 13:10 Sinju-si University: (a) the Plaintiff’s instant accident occurred from the exclusive lane prior to the right edge of the distance of the 1st Korean Transport University (hereinafter “instant accident”) where the front cover part of the Plaintiff’s vehicle and the front cover part of the Defendant’s driver’s seat (hereinafter “instant accident”).

C. On May 9, 2018, the Plaintiff paid KRW 1,425,431 for the repair cost of the Plaintiff’s vehicle, except for KRW 356,00,000, as insurance money according to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 7, 8, 9, Eul evidence Nos. 1, 2, 4, 5, and 6, and the purport of the whole pleadings

2. Determination

(a) When a driver of the decision on the ratio of negligence follows another motor vehicle traveling in the same direction, he/she shall secure a necessary distance to avoid any collision with the motor vehicle traveling ahead of it (Article 19(1) of the Road Traffic Act), and when he/she passes another motor vehicle ahead of it, he/she shall pass it on the left side of the motor vehicle traveling ahead of it (Article 21(1) of the Road Traffic Act), and he/she shall not overtake or pass another motor vehicle traveling slowly or slowly pursuant to the Road Traffic Act;

(Article 22(2)1 and Article 23 of the same Act). In addition, no driver shall overtake another motor vehicle at the intersection.

(A) Article 22(3)1 of the same Act provides that “The Plaintiff’s vehicle immediately before the instant accident occurred, in accordance with the aforementioned evidence and the purport of the entire pleadings, shall use the right-way signal from the exclusive lane separated from the two straight lines to the intersection between the university and the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center of the center,

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