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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On July 7, 2019, around 17:26, the Plaintiff’s vehicle runs along a three-lane road near the Gangseo-gu Seoul Fire-Fighting Zone, along the two-lane route, conflict with the Defendant’s vehicle that changes the course from the first lane to the second lane (hereinafter “instant accident”).
By November 21, 2019, the Plaintiff paid KRW 4,102,439 as insurance money, deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Judgment on the plaintiff's right to indemnity
A. The following circumstances can be acknowledged by comprehensively taking account of the above basic facts and the evidence mentioned above, and the defendant vehicle started to change the course from the three-lane to the two-lane, and if the course of the plaintiff vehicle is changed from the one-lane to the two-lane, it would have been deemed that the plaintiff vehicle would impede the normal passage of the plaintiff vehicle running along the two-lane or could have conflict with it. However, as the driver of the plaintiff vehicle is aware of the change in the course of the defendant vehicle, the accident in this case was caused by the negligence of the plaintiff vehicle and the defendant vehicle, even though he neglected the duty of the front direction, while he did not neglect it, and in light of the situation of the accident in this case, the occurrence of the accident in this case, the situation of the collision, the degree of damage, and the degree of damage, etc., it is reasonable to see that the accident in this case was caused by the negligence of the plaintiff vehicle and the defendant vehicle in this case.
B. Insurance money paid by the Plaintiff within the scope of indemnity is paid on the basis of the security of self-motor vehicle damage in such cases.