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(영문) 서울중앙지방법원 2016.09.22 2016나13306
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into the automobile insurance contract with B-wheeled Vehicle (hereinafter “Defendant”).

B. At around 13:45 on March 17, 2015, the Defendant vehicle did not turn on the direction direction direction, etc. while driving ahead of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si C at the center of a small terminal at the center of the central shooting distance, in the direction direction, etc. on the two-lanes, and caused an accident in which the front front part of the Plaintiff vehicle, which proceeded along the two-lane, was driven along the two-lane, and led to the accident that the Defendant vehicle received as the left part of the Defendant vehicle.

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

On March 20, 2015, the Plaintiff paid a total of KRW 194,900 as insurance money to a vehicle repair business entity for repair expenses.

[Ground of Recognition] Unsatisfy, Gap evidence 1 through 6 (including ad hoc number), Eul evidence 1 to 9, and the purport of the whole pleadings.

2. Determination

(a) Where a driver of any motor vehicle intends to change course of a motor vehicle and it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, he/she shall not change his/her course (Article 19 (3) of the Road Traffic Act), and where he/she intends to change his/her course while driving in the same direction, he/she shall make a signal with his/her hand, direction indicator or light from at least 30 meters before reaching the point where he/she intends

(1) Article 38(1) of the same Act and Article 21 of the Enforcement Decree of the same Act. Nevertheless, the Defendant’s vehicle did not take all measures as stipulated in the law and attempted to stick in the future of the Plaintiff’s own vehicle immediately adjacent to the Plaintiff’s vehicle and caused the instant accident. The circumstances leading up to such an accident, such as the situation before and after the accident, the road situation at the time, the degree of collision, and the degree of damage.

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