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(영문) 서울중앙지방법원 2019.04.09 2018나52824
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relevant Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to the Cmotor vehicle (hereinafter “Defendant”), and the Defendant is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to D motor vehicle (hereinafter “Defendant”).

B. On January 1, 2018, around 13:30, the Plaintiff’s vehicle stopped at a two-lane between the four-lanes in the ancient 54-lane in the Namyang-si, Namyang-si, and changed to the three-lanes, the Defendant’s vehicle continued to change from the five-lanes to the three-lanes, while the Defendant’s vehicle stopped the front line of the front line, and the collision between the front side of the Defendant’s vehicle and the front side of the right side of the Plaintiff’s vehicle.

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

The judgment of the court of first instance judged that the fault ratio of the plaintiff vehicle and the defendant vehicle is 50%: 50%. The amount of the plaintiff's indemnity was calculated as 183,700 won, which is 50% out of the 367,400 won paid by the plaintiff as the insurer for the plaintiff vehicle.

[Ground for Recognition] Unsatisfy, entry of Gap1 to 6

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident in this case is about 90% of the negligence ratio of the defendant vehicle that has changed the lane in succession from the five lanes to the three lanes.

In this regard, the defendant asserts that the ratio of the fault of the defendant vehicle is 50%, and the judgment of the first instance is reasonable.

B. The following circumstances are deemed to be comprehensively taken into account the images of evidence Nos. 7 and 1, and ① the driver of any motor vehicle is obliged not to change course when it is likely to impede the normal flow of another motor vehicle running in the direction to change course of the motor vehicle, but the driver of any motor vehicle is not obliged to change course when it is likely to impede the normal flow of the motor vehicle in the direction to change course of the motor vehicle.

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