Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On December 10, 2018, around 16:00, there was an accident in which the front part of the Defendant’s front part of the vehicle, which changed the course from the second lane to the third lane, with the part of the driver’s seat of the Plaintiff’s vehicle, which was in the middle of the fourth lane on the 4-lane road near the Michuhol-gu, Incheon Metropolitan City-do Do Do Do Do Do Do Do Do Do Do. (hereinafter “instant accident”).

The instant accident occurred at a point where the four lanes lead to the exit of the two-lane Highway, and narrow to the three-lanes, and the Plaintiff’s vehicle was at the boundary between the three-lanes and the four-lanes due to the instant accident.

C. On March 26, 2019, the Plaintiff paid insurance proceeds of KRW 11,201,420, which deducts KRW 500,00 of the self-paid charges, out of KRW 11,701,420 of the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Gap evidence 7, 8, Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the wind that the Defendant’s vehicle did not turn on the direction light, and the Plaintiff’s vehicle could not avoid this, and the said accident is due to the total negligence of the Defendant’s driver.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. (1) Article 19(3) of the Road Traffic Act establishing liability for damages provides that “the driver of any motor vehicle shall not change its 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.” Article 38 of the same Act provides that “The driver of any motor vehicle shall not change its course.”