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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).
B. On October 31, 2018, around 19:41, the Plaintiff’s vehicle was driving a four-lane of the four-lane road near F School E located in Ansan-si, Ansan-si, in the direction direction-setting, etc., the Defendant’s vehicle, which was driving along the three-lane road, attempted to change the course into the four-lane road. In the process, the Defendant’s vehicle, which was driving along the three-lane road, attempted to change the course into the four-lane road. In the process, the part of the lower right-hand fences of the Plaintiff’s vehicle, which led to the shock of the part of the lower left-hand part of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On November 16, 2018, the Plaintiff paid KRW 488,280 with the insurance money equivalent to the repair cost of the Plaintiff’s vehicle (excluding KRW 100,000).
The Plaintiff filed a request for deliberation with the G Committee (hereinafter referred to as the “G Committee”), and the G Committee decided on March 25, 2019 on the ratio of liability between the Plaintiff and the Defendant’s vehicle to 10%: 90%.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9, Eul's 1 through 5, and the purport of the whole pleadings and arguments
2. The assertion and judgment
A. The plaintiff asserts that the accident in this case occurred due to an unreasonable change of course and a total negligence of the driver of the defendant vehicle who was involved in overtaking.
The defendant asserts that in the occurrence of the accident of this case, the driver of the plaintiff vehicle should be considered in the absence of defensive driving.
B. (1) Determination of the percentage of negligence is that Article 19 (3) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which the driver is intended to change course of the motor vehicle."