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(영문) 서울중앙지방법원 2016.03.25 2015나65096
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 has concluded a comprehensive motor vehicle insurance contract with respect to A, the vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to B, C, and C, and C, the cargo vehicle (hereinafter “Defendant vehicle”).

B. On June 18, 2014, at around 15:50, C, a driver of the Defendant vehicle, driven the Defendant vehicle, entered the intersection at the speed of 10 cubic lines, one lane under which the two-lanes are higher than that of the Defendant vehicle, and then trying to make a sudden right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right of right

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

On July 16, 2014, the Plaintiff paid KRW 581,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 2, 3, and 4, video and the purport of the whole pleading (the plaintiff's previous fence of the plaintiff's vehicle is not damaged due to the accident in this case) are rejected in light of the contents of Gap evidence No. 1, which are written as receiving.

2. The assertion and judgment

A. In light of the determination on the cause of the claim, Article 19(3) of the Road Traffic Act provides that “No driver of any motor vehicle shall change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course of the motor vehicle.” The first part of Article 25(1) of the Road Traffic Act provides that “When a driver of any motor vehicle intends to make a right-hand side at the intersection, he/she shall proceed along the right-hand side of the road and make a right-hand side of the road.”

In other words, in order for the driver of the defendant vehicle to make a right-hand turn to the intersection, the lane shall be changed to the right-hand side in a way that does not impede the normal passage of the plaintiff vehicle that was going on the two-lane prior to entering the intersection.

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