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(영문) 서울중앙지방법원 2018.10.17 2018나31117
구상금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 200,600 against the Defendant and its related thereto from August 9, 2017 to October 17, 2018.

Reasons

Basic Facts

The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with Asi (hereinafter referred to as “Plaintiff”), and the Defendant is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with Bsi (hereinafter referred to as “Defendant”).

On July 18, 2017, around 23:00, the two lanes are driven along the four-lanes of the 4-lane Dopp of spam death distance at the seat of the entrance of the entrance of Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

In the event of the conflict between the defendant's vehicle driving in the same direction as that of the plaintiff's vehicle that changed the three-lanes (hereinafter "the accident in this case").

On August 8, 2017, the Plaintiff paid KRW 1,003,000 to the Plaintiff’s automobile repair cost according to the instant accident.

[Grounds for recognition] The plaintiff asserted that there was no dispute, Gap evidence 2, Nos. 3-1, 2, and 5-2 of the evidence Nos. 1, 3-1, 2, and 5-2, Gap evidence Nos. 6, Eul evidence Nos. 2, and Eul evidence Nos. 2, and the purport of the whole pleadings as to the accident of this case, the plaintiff did not take all measures to prevent the accident, such as reducing speed, although it was sufficiently foreseeable that the plaintiff's vehicle as the defendant's vehicle would attempt to change its lanes, and therefore, the defendant's vehicle is responsible for the accident of this case

In this regard, the defendant asserts that the defendant's liability for the accident of this case is entirely on the plaintiff's vehicle, since the defendant's vehicle did not confirm the defendant's vehicle driving ahead of it properly and attempted to change the vehicle of this case and conflict with the aspect of the defendant's vehicle.

Judgment

According to Article 19 (3) of the Road Traffic Act, a driver shall not change course when it is likely to impede normal traffic of other vehicles running in the direction to which he/she intends to change his/her course, and subparagraph 6 of attached Table 6 of the Enforcement Rule of the Road Traffic Act.

Ⅱ. 5. According to the serial number 506, 509, the road will proceed in the same direction.

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