구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with C and D (hereinafter “Defendant”) with respect to vehicles A and B (hereinafter “Plaintiff vehicle”).
B. A, around 18:34 on May 6, 2013, driven the Plaintiff’s vehicle and proceeded to the Gangseo-dong, Mapo-gu, Seoul, Mapo-dong, on the left side of the Plaintiff’s vehicle while going to the Mapo-do, the right side of the Defendant vehicle was shocked with the left side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On May 31, 2013, the Plaintiff paid the repair cost of KRW 692,00 to A.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings
2. The plaintiff asserted and determined that C is obliged to pay the above insurance money and damages for delay to the plaintiff who subrogated the driver of the plaintiff vehicle A, without confirming the plaintiff's vehicle which was in the normal course at the three-lanes, while driving the defendant vehicle in the two-lanes, and changing the vehicle to the three-lanes without confirming the plaintiff's vehicle which was in the normal course at the three-lanes. Since the defendant's method of changing the course and violation of the duty of safe driving caused the accident in this case, the defendant is obligated to pay the above insurance money and damages
However, the descriptions and images of Gap evidence Nos. 1 through 7 alone are difficult to view that the driver of the defendant vehicle violated his duty to stop on the right side while changing the vehicle line, or not on and off the direction, etc., and there is no evidence to acknowledge this. On the other hand, according to the images of Gap evidence Nos. 4 and Eul evidence No. 2, the defendant vehicle immediately before the accident, attempted to change the vehicle line slowly from the front side to the right side while trying to change the vehicle line slowly from the front side of the vehicle to the three-lane direction.