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(영문) 서울중앙지방법원 2019.05.03 2018나67086
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. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the automobile of the Plaintiff (hereinafter referred to as “Plaintiff”) and the Defendant is the owner and operator of the vehicle E (hereinafter referred to as “Defendant”).

B. At around 19:05 on September 29, 2017, the Defendant’s vehicle conflict with the Plaintiff’s vehicle that had changed from the first lane to the second lane, following the time when the change of course was made from the third lane to the second lane in the G oil station located in Ansan-si F in Ansan-si, Ansan-si.

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

On October 13, 2017, the Plaintiff paid KRW 640,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred while driving ahead of the Plaintiff’s vehicle and changing the course to a two-lane, the direction, etc. was turned on, and the Defendant’s vehicle changed to a two-lane course at a rapid speed. As such, the negligence of the Defendant’s driver is 60%.

B. Since the Defendant’s assertion that the instant accident occurred, since the Defendant’s vehicle completed a change of course from the three-lane to the two-lane, the Plaintiff’s vehicle had the wind to change course from the one-lane to the two-lane from the left side of the Defendant’s vehicle without a signal, the instant accident is entirely attributable to the Plaintiff’s driver’s negligence.

3. Determination

A. The following circumstances acknowledged by the aforementioned facts and the evidence revealed earlier, namely, ① the primary and Defendant vehicle appears to have entered the two lanes at the same time, and ② According to Article 19(3) of the Road Traffic Act, the driver of any motor vehicle may interfere with the normal traffic of other motor vehicles running in the direction of changing the course if he/she intends to change his/her course. However, the driver of any motor vehicle and all the driver of any other motor vehicle neglected to do so.

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