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(영문) 부산지방법원 2020.08.28 2019나59127
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. With respect to D vehicles (hereinafter “Plaintiff vehicles”), the Defendant is the insurer who concluded each automobile insurance contract with respect to the vehicle E (hereinafter “Defendant vehicle”).

B. On January 5, 2019, around 15:30, the Defendant’s vehicle changed its course to the five-lane road in front of G Hospital located in Busan Jin-gu to the five-lane road, which was located in Busan Jin-gu, and had the front part of the Defendant’s vehicle to the front part of the right side of the Plaintiff’s vehicle.

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

On February 22, 2019, the Plaintiff paid the repair cost of KRW 1,615,000 at the repair cost of the Plaintiff’s vehicle with respect to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, video, purport of whole pleading

2. The Plaintiff asserted that the instant accident occurred by the Defendant’s total negligence, and the Defendant asserted that the instant accident occurred by the negligence of the Plaintiff, which attempted to delay without verifying and concessioning the change of the course of the Defendant’s vehicle, and that the negligence of the Defendant’s vehicle should be limited to 60%.

3. Determination

A. The driver of any motor vehicle shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her course (Article 19(3) of the Road Traffic Act). In cases where the driver of any motor vehicle intends to turn to the left or right to the left, cross the road, drive the motor vehicle, stop the motor vehicle in the same direction, or drive the motor vehicle in the same direction, he/she shall give the signal with his/her hand, direction indicator or light until the act is completed (Article 38(1)2 of the Road Traffic Act). In other words, the following circumstances can be seen when intending to change the course of the motor vehicle and the purport of the entire arguments on the evidence as seen earlier, i.e., direction direction on the motor vehicle of the defendant.

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