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. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to D Passenger Vehicles (hereinafter “Defendant Vehicles”).
B. On December 2, 2018, at around 12:45, the Plaintiff’s vehicle conflict with the Defendant’s vehicle, who moved straight along one lane between the three-lane two lanes and the other one-lane from the three-lane two-lane one.
(hereinafter referred to as “instant accident”). C.
On December 12, 2018, the Plaintiff paid insurance proceeds of KRW 715,200 in total (excluding KRW 200,000) with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7 (including additional numbers), Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings
2. The parties' assertion
A. The accident of this case occurred as the driver of the defendant vehicle who claimed by the plaintiff did not operate the direction direction, etc. and entered the two lanes per se across one lane. Thus, the accident of this case is entirely caused by the negligence of the driver of the defendant vehicle.
B. The driver of the Plaintiff’s vehicle alleged by the Defendant, despite being able to sufficiently verify the Defendant’s vehicle that gets into the right side, caused the instant accident at the wind of neglecting the front line, so the driver of the Plaintiff’s vehicle is more than 30% of the negligence.
3. Determination
A. The following circumstances acknowledged by the aforementioned facts and the evidence revealed earlier, namely, ① according to Articles 19(3) and 38(2) of the Road Traffic Act, and Article 21 and attached Table 2 of the Enforcement Decree of the Road Traffic Act, the driver of any motor vehicle shall examine whether the change of course is likely to impede normal traffic of other motor vehicles running in the direction, and when changing course, the driver of any motor vehicle shall give the signal by the direction indicator from 30 meters prior to the change of course.