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(영문) 부산지방법원 2017.05.31 2016나5945
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles owned by B (hereinafter “Plaintiff vehicle”), and the Defendant is the operator of D vehicle (hereinafter “Defendant vehicle”).

B. At around 01:10 on April 20, 2014, the Defendant’s vehicle: (a) entered the said intersection in the direction of the Plaintiff’s vehicle, which was located in the same direction as the Plaintiff on the right side of the Defendant’s vehicle, in the direction of the Plaintiff’s vehicle, from the front side of the F cafeteria in Busan Suwon-gu, to the front side of the city gas intersection in front of the F cafeteria, and from the front side of the Jando apartment bank in the southcheon-do apartment bank, the front side of the left side of the Plaintiff’s vehicle, which was located in the same direction as the Plaintiff, at the right side of the Defendant vehicle.

(hereinafter “instant traffic accident”). C.

Urban gas crossings in which the accident of this case occurred are equipped with traffic islands, and separate bypassing lanes from the right lanes is installed. D.

On June 2, 2014, with respect to the instant traffic accident, the Plaintiff paid KRW 15,60,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant accident occurred is right bypassing the Defendant’s vehicle on the straight-line lane in violation of the intersection passage method.

Plaintiff

In relation to the instant traffic accident caused by the total negligence of Defendant vehicle, the Defendant is obligated to pay the Plaintiff the full amount of KRW 15,600,000 with the insurance proceeds paid by the Plaintiff and damages for delay.

B. 1) The driver of any motor vehicle in the relevant statutes and legal principles shall not change 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 (Article 19(3) of the Road Traffic Act and overtaking in the intersection).

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