손해배상(자)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
1. Occurrence of liability for damages;
A. Facts of recognition 1) The Plaintiff is a C-Motor vehicle (hereinafter “Plaintiff-motor vehicle”).
(1) The Defendant is the owner of the D1 ton cargo vehicle (hereinafter referred to as “Defendant vehicle”).
2) On February 17, 2018, E is an insurance company that entered into an automobile insurance contract with respect to the automobile. Around February 17, 2018, while driving the instant Defendant’s vehicle, and driving the instant Defendant’s Highway located in the Taecheon-gu Seoul metropolitan Highway, Daejeon, along the two-lanes, from the new Jindo to the original intersection, the two-lanes are changed from the new Jindo to the original intersection. On the one hand, the Plaintiff’s right side of the Plaintiff’s vehicle driving in the same direction to the front section of the Defendant vehicle (hereinafter “the instant accident”), and thereby, the Plaintiff’s right side of the Plaintiff’s vehicle was damaged.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 10, and the purport of the whole pleadings
B. According to the above facts, the defendant, as the insurer of the defendant vehicle, is liable for the damages incurred by the plaintiff due to the accident in this case, barring special circumstances. 2) The defendant asserted that the accident in this case was negligent on the driver of the plaintiff vehicle, unlike the general change of the vehicle, since the plaintiff vehicle at the time of the accident in this case operated a bus-only vehicle that is not driven by the ordinary vehicle. Thus, according to the above evidence, it is recognized that the plaintiff vehicle at the time of the accident in this case was in operation of the bus-only vehicle, but it is not possible to change its course with the bus-only vehicle, but the defendant vehicle also should not change its course with the bus-only vehicle. However, the accident in this case was caused by the previous negligence of the defendant vehicle, considering the fact that the vehicle in this case was operated by the vehicle in this case.