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(영문) 서울남부지방법원 2018.04.12 2017나60312
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 Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On November 10, 2016, around 18:40, the Defendant’s vehicle, which continued to change two lanes from the two lanes among the fourth-lane road in the direction of the mountain direction in the direction of the city outside the city of Seocheon City, Seocheon-si, the front part of the Defendant’s vehicle, was the front part of the Defendant’s vehicle, and the front part of the Plaintiff’s seat in the driver’s seat (hereinafter “instant accident”).

C. On November 23, 2016, the Plaintiff paid insurance proceeds of KRW 445,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap's evidence 1 to 7 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the shock of the Plaintiff’s vehicle, which was in normal straight transit from the fourth lane due to the sudden change of the vehicle that was driven along the Defendant’s four-lane road, which was caused by the total fault of the Defendant’s driver.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. Article 19(3) of the Road Traffic Act provides that “The driver of any motor vehicle shall not change its course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change course of the motor vehicle.”

In light of the situation of the instant accident and the location of each vehicle and the degree of collision, which can be seen by the evidence mentioned above, the instant accident is examined in such a way as not to obstruct the passage of vehicles in the same direction when changing the vehicle.

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