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(영문) 서울남부지방법원 2019.01.18 2018나58743
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 concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with the F vehicle owned by E (hereinafter “Defendant”).

B. At around 16:40 on July 30, 2017, the Defendant’s vehicle, who had changed the lanes from the first lane to the second lane on the 4-lane road in Seocheon-si, Seocheon-si, in the middle of the fourth line, had an accident of shocking the parts of the Plaintiff’s driver’s seat (hereinafter “instant accident”).

C. On August 9, 2017, the Plaintiff paid KRW 2,009,50 (the amount after deduction of KRW 200,000 on one’s own charges) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that: (a) the instant accident occurred due to the negligence of the Defendant’s driver, who changed the instant car line from the first lane to the second lane after the signal atmosphere while driving a vehicle in a safe manner by checking the movement of the vehicle passing on the front section and the left and right; and (b) thus, (c) the Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the insurance money paid by the Plaintiff, KRW 2,009,50, and damages for delay.

B. (1) Determination of the occurrence of liability for damages (A) 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 another motor vehicle running in the direction to change course of the motor vehicle," and Article 38(1) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when intending to change course while driving the motor vehicle in the same direction."

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