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(영문) 서울중앙지방법원 2019.07.10 2018나84890
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

1..

Reasons

1. Basic facts

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

B. On July 13, 2018, around 11:15, an accident occurred on the three-lanes around the F Bank located in Seojin-gu, Seojin-gu, Seoul (hereinafter “instant accident”) involving the side of the driver’s seat of the Plaintiff and the front side of the Defendant’s vehicle (hereinafter “instant accident”).

C. From July 19, 2018 to July 26, 2018, the Plaintiff paid a total of KRW 2,832,000 for the Plaintiff’s automobile repair cost, excluding KRW 200,000,000.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1, 2, 3, 5, 6, Eul's statements, 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. A driver shall not drive a vehicle rapidly higher than the highest speed (Article 17(3) of the Road Traffic Act), and when it is likely to impede normal traffic of other vehicles running in the direction to which the vehicle is intended to change, he/she shall not change the course (Article 19(3) of the Road Traffic Act), and shall not drive a vehicle at such a speed or in such a manner as to endanger or interfere with other persons (Article 48(1) of the same Act). However, in full view of the evidence and the purport of the entire pleadings, the Plaintiff’s vehicle was running in the two lanes, while driving in the two lanes, while driving in the two lanes, while continuing to go ahead of the previous vehicle, and passing ahead of the said previous vehicle. Meanwhile, the Defendant’s vehicle has changed the course from one lane to three lanes again, and immediately changed the course to three lanes, and the Plaintiff’s vehicle and the Defendant’s vehicle are changed to the three lanes immediately before the previous vehicle immediately before the change.

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