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(영문) 광주지방법원 2015.10.28 2015나669
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. Basic facts

A. The Plaintiff concluded an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff”) as the insured, which includes the amount of damage incurred by the Plaintiff’s self-vehicle (insured) as well as the amount of damage covered by certain standards.

B. On June 22, 2014, the insurance period of the foregoing insurance, the part on the front side of the Plaintiff’s front side of the second line of the D apartment in Seo-gu, Seo-gu, Gwangju and the part on the front side of the Plaintiff’s front side and the two-wheeled vehicle (hereinafter “Defendant’s vehicle”) driven by the Defendant.

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

On June 26, 2014, the Plaintiff paid KRW 8,600,000 to C as insurance money for the damage incurred to the Plaintiff’s automobile due to the instant accident.

[Ground of recognition] Facts without dispute, images or entries in Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred due to the defendant's negligence, and the defendant shall compensate for the damage caused by the plaintiff's vehicle due to the above accident.

Therefore, the Defendant is obligated to pay the Plaintiff the insurance proceeds for the above damages amounting to KRW 8,600,000 and damages for delay.

(Article 682 of the Commercial Act). (b)

Judgment

1) When intending to make a right-hand turn to the intersection, drivers of all vehicles shall pass along the right-hand side of the road in advance and shall not change the course when it is likely to obstruct the normal passage of other vehicles running in the direction to which they intend to change the course of the vehicle (Articles 25(1) and 19(3) of the Road Traffic Act). However, according to the overall purport of video and pleading evidence No. 1, the vehicle on the part of the Plaintiff was located in one lane from among the roads of the second line prior to the occurrence of the instant accident, but the Defendant was driving ahead of the Plaintiff’s moving direction to the right-hand side of the vehicle.

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