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(영문) 서울중앙지방법원 2021.02.17 2020나21793
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with D Co., Ltd., and the Defendant is a mutual aid business entity who entered into a mutual aid agreement for motor vehicle for E-motor vehicle (hereinafter “Defendant-motor vehicle”).

B. On February 16, 2019, the Intervenor, who is an agent driver, driven the F vehicle (hereinafter “Plaintiff vehicle”) and driven the F vehicle on February 16, 2019, with five-lanes of 940do soon from the four-lanes, changed the course to three-lanes while driving the road from the four-lanes, and the Defendant’s vehicle driving the two-lanes changed to the three-lanes, and the two-lanes of the vehicle conflict with the other side of the Defendant’s vehicle (hereinafter “the instant accident”).

(c)

On June 25, 2019, the Plaintiff paid KRW 800,000 after deducting KRW 300,000 from the Plaintiff’s automobile repair cost, etc.

[Grounds for Recognition: Facts without dispute, Gap evidence of Nos. 1 through 3, Gap evidence of No. 5 through 8, Eul evidence of No. 1 through 5 (including each number in the case with several numbers), the purpose of the whole pleadings and arguments)

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident was caused by the Plaintiff’s fault that caused the Defendant’s vehicle to shock the Plaintiff’s vehicle while attempting to change the lane from the two lanes to the three lanes after the Plaintiff’s vehicle completes the change of the lane.

2) The Defendant’s assertion that the instant accident occurred in the course of attempting to alter the lane by overtaking the Defendant’s vehicle within the intersection at the latest following the Plaintiff’s vehicle, which was negligent on the part of the Plaintiff’s vehicle.

B. Determination 1) When the driver of a vehicle intends to change course of a vehicle, he/she shall not change the course when it is likely to obstruct normal traffic of other vehicles running in the direction to which he/she intends to change (Article 19(3) of the Road Traffic Act). The foregoing evidence is examined.

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