손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is the driver of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).
B. On November 7, 2018, while the Plaintiff was driving in one lane among the two-lane roads, the Plaintiff was faced with the Defendant’s vehicle while driving in the same two-lanes among the same roads.
(hereinafter referred to as “instant accident”). C.
On November 10, 2018, the Plaintiff spent KRW 1,400,000 at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1-6 evidence, Eul evidence 1-2 and the purport of the whole pleadings
2. The driver of the Defendant’s vehicle, which caused the Plaintiff’s claim, did not discover the Plaintiff’s vehicle running in one lane due to negligence while changing the vehicle from the two lanes to the one lane and violating the duty of safe driving.
In other words, the accident of this case was caused by the total negligence of the driver of the defendant vehicle, so the defendant, who is the insurer of the defendant vehicle, is liable to compensate the plaintiff for the damage caused by the accident
3. Determination on the cause of the claim
A. According to Article 19(3) of the Road Traffic Act, the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver intends to change course of the motor vehicle.
In addition, according to Article 48 (1) of the Road Traffic Act, all drivers of vehicles shall accurately operate the steering system, brakes, and other devices of vehicles, and shall not drive them at such a speed or in such a manner as may cause danger and harm to others, depending on the traffic conditions of the roads and the structure and performance of the vehicles.
However, the following facts and circumstances, which are acknowledged by considering the whole evidence and the purport of oral argument, are the defendant vehicle.