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서울중앙지방법원 2018.11.09 2018나33205

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.


1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has concluded an automobile mutual aid contract with respect to B bus (hereinafter “Defendant bus”).

B. On July 20, 2017, around 15:15, the Plaintiff’s vehicle: (a) changed the course from the two-lanes to the one-lanes of the two-lanes of the two-lanes in the intersection near the station located in Dong-gu, Nam-gu, Chungcheongnam-gu; and (b) caused an accident that shocks the Defendant’s bus (hereinafter “instant accident”).

C. On August 17, 2017, the Plaintiff paid KRW 7,740,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1 and 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant Bus 1 caused the instant accident solely because the instant accident occurred due to the negligence of Defendant Bus, since the Plaintiff’s bus 1 was overfinited in the first lane, which is the left-hand left-hand lane, and caused the instant accident. The instant accident occurred entirely due to the Plaintiff’s fault, since the instant accident occurred while changing course to the intersection where the change of course is prohibited.

B. The following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings, namely, ① drivers of motor vehicles and riders of horses shall follow the signals or directions indicated by traffic safety facilities (Article 5(1) of the Road Traffic Act), and the road along which a lane is installed (Article 14(3) of the Road Traffic Act). The Defendant bus is directly in violation of the road surface indication at the first lane, which is the right-hand left-hand lane, and ② The point of the instant accident is an intersection where signal is installed. The Plaintiff bus is an intersection where the signal apparatus is installed, and the Plaintiff bus will turn to the left-hand left-hand after considering the two-lanes of the straight lane.