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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. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and the vehicle in the vicinity of the collision to the F-section in the front of the city of Gangseo-si on February 6, 2018, was moving bypassing to the two-lanes between the two-lanes of the above location, and the vehicle was moving to the two-lanes of the above location, and the vehicle was moving to the two-lanes to the right side of the Defendant vehicle, and the vehicle was moving to the two-lanes to the right side of the vehicle of the Plaintiff. The payment of the insurance money was 5,400 won on March 13, 2018. The fact that there is no dispute over the insurance money amounting to KRW 20,00,00 (based on recognition), the self-payment charges of the insured vehicle of the self-paid vehicle of the Plaintiff who was paid 545,400 won at the cost of repair of the Plaintiff’s vehicle, and the purport of the entire pleadings
2. The parties' assertion
A. The instant accident occurred due to the previous negligence of the Defendant’s driver who changed the vehicle line in the vicinity of the Plaintiff’s vehicle without using direction direction, etc., and made a bypassing the vehicle. The Plaintiff’s driver could not anticipate or avoid the said accident. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff, who acquired the right to claim damages by subrogation of the insurer.
B. The Plaintiff’s driver was at fault without yielding that the Defendant’s vehicle, prior to the occurrence of the instant accident, was sufficiently recognizable to the Defendant’s vehicle that was changing the lane, and thus, the Defendant’s driver’s negligence should be considered in calculating the percentage of negligence on the occurrence of the instant accident.
3. Determination
A. According to the facts found in the above basic facts, and each of the above evidence and the video of Gap evidence No. 7, the defendant vehicle driver does not secure a sufficient safety distance to enter the right side of the forward direction from the first lane of the two-lane road to the front direction.