손해배상(자)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff is the owner of C Bus (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to D automobiles (hereinafter “Defendant”).
Plaintiff
On April 18, 2019, around 10:22, 2019, in the process of changing the lanes from 4 lanes to 3 lanes on the road near the Suwon-dong, Gangnam-gu, Seoul, and changing the lanes into 5 lanes, the two-lanes conflict between the two-lanes in front of the right-hand part of the Defendant vehicle and the left-hand part of the Plaintiff vehicle.
(hereinafter “instant accident.” The Plaintiff spent KRW 107,00 on the repair cost of the Plaintiff’s vehicle due to the instant accident, and closed one day for repair. According to the E’s resting days schedule, the number of the Plaintiff’s bus used for repair is KRW 108,520 for one day.
[Grounds for Recognition: Evidence Nos. 1 through 6, 2 and 4, and the purport of the whole pleadings]
2. Assertion and determination
A. The parties’ assertion asserts that the instant accident occurred due to the unilateral mistake of the Defendant’s vehicle, and that the Defendant sought compensation for the sum of KRW 215,520,00 for the repair cost and the rest fee of the Plaintiff’s vehicle, while the Defendant did not turn on the direction light, and did not unreasonably make it more erroneous for the Plaintiff’s vehicle that attempted to change multiple lanes.
B. The following circumstances acknowledged by the above recognition facts and the evidence mentioned above, namely, the instant accident occurred only in the situation where the entry of the Plaintiff’s vehicle was completed, and the damaged part of the Plaintiff’s vehicle is the left-hand back part and the damaged part of the Defendant’s vehicle is the front-hand part of the Defendant’s vehicle, and the Defendant is the Defendant’s driver who has given the course to the Plaintiff, taking full account of the following circumstances, it is difficult to deem that the unfolded operation, such as the change of the vehicle line or direction, of the Plaintiff’s vehicle upon entering the third-lane, directly caused the instant accident.