beta
Text
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. Facts of recognition;
A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).
B. On June 1, 2018, around 15:45, a traffic accident occurred between the Defendant’s vehicle running along a two-lane and the Plaintiff’s vehicle driving along a one-lane in the intersection, where the vehicle turned along a two-lane in a two-lane, located in the common telecommunication distance in Ansan-si, Ansan-si. In the event of a traffic accident, the Plaintiff’s vehicle driving along a one-lane in the intersection.
At the time of the occurrence of the traffic accident, part of the driver's seat of the defendant vehicle was already entered into one lane, but the plaintiff's vehicle in the first lane continued to have a conflict.
C. On June 22, 2018, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 61,300,000, after deducting KRW 200,000 of the repair cost of the Plaintiff’s vehicle from the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of whole pleadings
2. Determination
A. The main point of the Plaintiff’s assertion lies in the occurrence of the Plaintiff’s vehicle that was normally straighted in the process of changing the Defendant’s vehicle suddenly.
As such, since the above traffic accident occurred due to the previous negligence of the Defendant’s driver, the Defendant is obliged to pay the Plaintiff the above insurance money of KRW 61,300 and delay damages therefor.
B. According to the facts acknowledged as above and the evidence revealed earlier, the driver of the Defendant vehicle, at the time of the occurrence of the foregoing traffic accident, tried to change the vehicle line from the two lanes to the one lane, and thus, the driver of the Defendant vehicle, at the time of the occurrence of the foregoing traffic accident, failed to perform such duty and attempted to change the course while failing to properly look at the Plaintiff vehicle that was in the first lane.