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(영문) 서울중앙지방법원 2019.04.04 2018가단5154861
구상금
Text

1. The Defendant’s KRW 9,142,00 for the Plaintiff and 5% per annum from March 9, 2018 to April 4, 2019.

Reasons

1. Basic facts

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

B. On February 5, 2018, the Plaintiff’s vehicle (hereinafter “Plaintiff”) had an accident of shocking the back part of the Defendant’s vehicle, which completed the change from the front side of the Plaintiff’s vehicle to the two lanes, while driving along the two lanes in the direction of the valley point in the mountain. In the process of changing the lanes from the front side of the Plaintiff’s vehicle to the three lanes, the Plaintiff’s vehicle shocked the front side of the Plaintiff’s vehicle into the front side of the Plaintiff’s vehicle.

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

On March 8, 2018, the Plaintiff paid KRW 45,710,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Each entry and video (including paper numbers), Eul evidence Nos. 1 to 5 and 8, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. At the time of the accident of the Plaintiff’s assertion, the Defendant’s vehicle was proceeding excessively above the speed of the surrounding vehicle, while proceeding without turning the tail lights, etc. on the location of its original red tail lights, and did not operate the directioner when changing the lanes from three lanes to two lanes.

As the Plaintiff’s vehicle that was going behind the Defendant’s vehicle, the instant accident was entirely caused by the said negligence on the part of the Defendant’s vehicle, since it was not known that the Defendant’s vehicle was in progress on the front side immediately before the accident.

3. Determination

(a) The driver of any motor vehicle intending to overtake another motor vehicle shall pay due attention to the traffic of the opposite motor vehicle and the traffic in front of the motor vehicle traveling ahead, and shall overtake the other motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator, light or horn, in consideration of the speed and route of the motor vehicle traveling ahead and the road conditions;

(Article 21(3) of the Road Traffic Act, entry of each of the above evidence, No. 3 of the evidence, and notification to E of this Court.

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