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(영문) 서울남부지방법원 2019.05.31 2018나64267
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. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On October 21, 2017, around 07:50, the Plaintiff’s vehicle moved straight along the fourth-lane of the four-lane road in the vicinity of the Gocheon-dong, Guro-gu, Seoul. On the right side of the Plaintiff’s vehicle, there was an accident that conflict with the front part of the Defendant’s vehicle’s left side, which entered the fourth-lane in the direction of the Plaintiff’s vehicle’s proceeding, bypassing the right side of the Plaintiff’s vehicle.

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

On October 31, 2017, the Plaintiff paid KRW 1,440,700 at the repair cost of the Plaintiff’s vehicle.

(Exclusion of Self-Payment 200,000 won). [Reasons for Recognition] / [Ground for Recognition] A, entry of evidence Nos. 1 through 10 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 19(3) of the Road Traffic Act, in cases where the driver of any motor vehicle intends to change course of the instant accident, if it is likely to impede normal traffic of other motor vehicles running in the direction to which the change is intended, the driver of any motor vehicle shall not change course. According to Article 26(2) of the Road Traffic Act, the driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall slowly drive the motor vehicle in cases where the width of the intersection is wider than that of the road where the motor vehicle is traveling, and if there is another motor vehicle who intends to drive a motor vehicle into the intersection from a road with a wide width,

According to the above facts and the above evidence, the driver of the plaintiff vehicle at the time of the accident in this case recognized that the driver of the plaintiff vehicle at the time of the accident in this case was negligent in the collision with the defendant vehicle entering the direction of the change, and the driver of the defendant vehicle was bypassing to enter the intersection, and thus the width is wide.

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