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(영문) 서울남부지방법원 2018.05.17 2017나62028
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On September 11, 2016, around 11:10 on September 7, 2016, the head of Si/Gun/Gu caused an accident where the Defendant’s vehicle, who changed the lane from four lanes to three lanes, did not follow the direction direction, etc. in the actual lane section where the change of the lane is prohibited, among the four laness of the road in which the change of the lane is prohibited, on the part of the driver’s seat of the Defendant vehicle (hereinafter “instant accident”).

C. On September 26, 2016, the Plaintiff paid KRW 2,074,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s total negligence on the part of the driver of the Defendant’s vehicle, because the instant accident occurred due to the Defendant’s vehicle’s sudden change of the direction, etc. without operating the direction, etc. on the part of the de facto line where the change of the direction is prohibited during the fourth lane of the fourth lane.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. 1) Article 14(5) of the Road Traffic Act provides that “The drivers of motor vehicles and riders of horses shall not change the course of motor vehicles and horses at a place where a safety sign is especially prohibited from any change in route,” and pursuant to this Act, Article 15(1) and [Attachment 6] of the Enforcement Rule of the Road Act provides that the drivers of motor vehicles and riders of horses shall not change the course of motor vehicles and horses.”

In addition, Article 19, Paragraph 3 of the same Act is amended.

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