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(영문) 서울중앙지방법원 2018.04.05 2017나82330
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the automobile B (hereinafter “Defendant”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the automobile C (hereinafter “Defendant”).

Plaintiff

On March 13, 2017, at around 09:36, three lanes in the direction of Mapo-gu Office (hereinafter “instant road”) in the vicinity of the Seongbuk-dong World Cup, Mapo-gu, Seoul, and the part of the Defendant’s vehicle in front of the driver’s seat in front of the Plaintiff’s driving seat, which was trying to be bypass from the bicycle lane on the right side of the Plaintiff’s driving lane, was shocked by the back part of the Plaintiff’s driving seat in front of the Plaintiff’s vehicle.

(hereinafter “instant accident”). On June 8, 2017, the Plaintiff paid KRW 294,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, evidence of Gap 2 through 5, each video of Eul 1 through 3, the purport of whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s alleged vehicle had already been bypassing normally at the right-hand lane, the Defendant’s vehicle driven along the bicycle exclusive lane prohibited from passing through the vehicle and shocked the Plaintiff’s vehicle by bypassing it from such place, the instant accident is entirely caused by the negligence of the Defendant’s driver.

B. The Defendant’s allegation that the bicycle lane run by the Defendant is permitted to pass along, and thus, the Defendant’s driver cannot be deemed to be negligent on the part of the Defendant’s vehicle, and the driver of the Plaintiff’s vehicle is negligent in changing the course in such a way as to obstruct the normal passage of the Defendant’s vehicle without operating the directioner.

Therefore, the fault ratio of the driver of the Plaintiff on the instant accident is at least 80%.

C. Determination 1) The Act on Promotion of the Use of Bicycles for the relevant Provisions ( March 21, 2017).

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