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(영문) 대전지방법원 2019.10.01 2019나101548
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant on 263.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C and D (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with the E vehicle (hereinafter “Defendant”).

B. On March 7, 2018, around 19:00, the Plaintiff’s vehicle was waiting in the vicinity of the three-lane stop line for the Plaintiff vehicle, and the Defendant’s vehicle was waiting for a two-lane stop line for the Defendant vehicle.

C. The instant road is a bend road on the right side when viewed by the driving direction of the Plaintiff’s vehicle and the Defendant’s vehicle. The front road to the intersection is a three-lane road, the first two-lane to the right side, the second two-lane to the right side, the third two-lane to the right side, and the third-lane to the right side, and the third-lane to the right side after passage through the intersection is the fourth line.

The plaintiff's vehicle, who is flicker of the intersection, was immediately departing from the intersection and passing through the intersection in accordance with the three-lanes. However, the defendant's vehicle, which was late than the plaintiff's vehicle, runs along the intersection after being aware of the reasons for the intersection, and runs along the two-lanes to three-lanes.

The front right-hand side of the plaintiff's vehicle with the upper right-hand side, followed by the back door of the plaintiff's vehicle and the fences.

E. By March 27, 2018, the Plaintiff paid a total of KRW 1,318,000 for the repair cost of the Plaintiff’s vehicle.

[Recognition] Facts without dispute, Gap 1 through 9, 11, 12, Eul 1, Eul 2-1 to 3, the purport of the whole pleadings

2. The driver of a motor vehicle driving along his/her own lane is common in trust that the driver of another motor vehicle will proceed along his/her own lane, except in extenuating circumstances.

It is particularly true in the case of an intersection in which the change of lanes is prohibited.

The driver of the plaintiff vehicle who passed the intersection in accordance with the new subparagraph is expected to try to change the vehicle to enter the three-lane after passing through the intersection by the defendant vehicle following the intersection.

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