구상금
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. Facts of recognition;
A. With respect to CMW vehicles (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to DM vehicle (hereinafter “Defendant vehicle”).
B. On August 12, 2017, around 17:45, a traffic accident occurred between the Plaintiff’s vehicle that changed the lane from the third lane to the fourth lane on the new IC road in the Yangcheon-gu Seoul Metropolitan Government New 7-dong, and the Defendant’s vehicle that was in the middle of the fourth lane.
The four-lanes of the above road are entering the direction of SilungIC. At the time of the occurrence of the above traffic accident, a large number of vehicles used to drive slowly and stop repeatedly.
C. On December 7, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 1,464,00,00 calculated by deducting KRW 365,00 from the repair cost of the Plaintiff’s vehicle from KRW 1,829,00.
On March 12, 2018, the Plaintiff filed a request for deliberation on the foregoing traffic accident with the E Standards Committee, and the Deliberation Committee rendered a decision to recognize the ratio of negligence liability between the Plaintiff’s driver of the vehicle and the Defendant’s driver of the vehicle on March 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 9, Eul evidence Nos. 2, 3, 5, and 6 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The main intent of the Plaintiff’s assertion lies in the occurrence of the instant traffic accident by the Defendant’s vehicle, which is the rear-way vehicle, seeking to overtake the Plaintiff’s vehicle by using the side.
As such, since the above traffic accident occurred due to the previous negligence of the Defendant’s driver, the Defendant is obliged to pay the Plaintiff the above insurance proceeds of KRW 1,464,00 and damages for delay.
B. Article 19(3) of the Road Traffic Act provides that the driver of any motor vehicle is running in the direction of changing the course of the motor vehicle when he/she intends to change the course of the motor vehicle.