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(영문) 제주지방법원 2017.06.01 2016나1465
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) with respect to the light forest comprehensive construction company (hereinafter “KG comprehensive construction”). The Defendant is a mutual aid business entity who has concluded an automobile mutual aid contract with respect to the Jeju B cab (hereinafter “Defendant vehicle”).

B. On November 26, 2015, at around 07:40, an accident occurred between the Defendant, who changed the bus line in the front of the Plaintiff vehicle, in order to get off passengers at the time when the employee stops and departs from the three-lanes of the Jeju International Airport No. 3, Jeju Airport, which is located in the Jeju Airport at the Jeju Airport.

(hereinafter “instant accident”).

C. The Plaintiff paid KRW 1,50,000 as the repair cost of the instant vehicle in the light forest comprehensive construction.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Gap evidence 5, video, the purport of whole pleadings

2. The plaintiff's assertion that the main fault of the accident in this case is the defendant's vehicle that rapidly changed the lane without putting on the direction light. Thus, it is reasonable to view the mutual responsibility ratio between the plaintiff's vehicle as 20% and 80% of the defendant's vehicle. Therefore, the defendant, who is the mutual aid business operator of the defendant's vehicle, has a duty to respond to the plaintiff's claim against the above 1.2 million won out of the repair cost (=1.5 million won x 80%)

In this regard, the defendant asserts that there is a major negligence on the plaintiff's vehicle which failed to perform the duty of safety assurance in the start of the stop.

3. Determination

(a) No driver of any motor vehicle in charge of the instant accident shall change course when it is anticipated 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(2) of the Road Traffic Act). In addition, the driver of any motor vehicle shall change course in the same direction;

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