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(영문) 대구지방법원 2020.10.21 2020나301948
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The judgment in the court of first instance was rendered in favor of the Plaintiff on the Plaintiff’s claim for reimbursement of KRW 18,120,000 and damages for delay thereof. Since the Defendant appealed only to the portion exceeding KRW 12,684,00 among the judgment in the judgment in the first instance that lost and the damages for delay thereof, the scope of the judgment in this court is limited to the scope of the Defendant’s appeal.

Basic Facts

A. With respect to D vehicles (hereinafter “Plaintiff vehicles”), the Defendant is the insurer who concluded each automobile insurance contract with respect to the vehicle E (hereinafter “Defendant vehicle”).

B. At around 22:40 on April 30, 2019, F, while driving the Plaintiff’s vehicle, was proceeding in line with a straight line, one-lane of the three-lane roads in front of the crosswalk near the 119 Safety Center located in Jung-gu, Daegu-dong.

The driver of the defendant vehicle entered the three-lanes of the above crosswalks in the front side of the above crosswalks, and entered the two-lanes in the direction of the fleets, and then consecutively changed the lane to the one-lanes of the white solid lines, the change of which is prohibited, to the one-lanes in which the change of the lane is changed, and shocked into the right side of the plaintiff vehicle, which is proceeding along the one-lanes on the left side of the defendant vehicle.

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

On May 23, 2019, the Plaintiff paid 18,120,000 won to F for the repair cost of the Plaintiff’s vehicle due to the said accident.

Article 14(5) of the Road Traffic Act provides, “The drivers of motor vehicles and riders of horses shall not change the course of motor vehicles and horses at a road where a safety sign is installed and a change in route is particularly prohibited.” Article 15(1) and attached Table 6 of the Enforcement Rule of the same Act provides, “The drivers of motor vehicles and riders of horses shall not change the course of motor vehicles and horses.”

Attached Table 6-

Ⅱ Individual Standards:

5.The driver of any motor vehicle is running in the direction of changing the course when the driver of any motor vehicle intends to change the course of the motor vehicle.

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