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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On September 18, 2014, around 15:55, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving the two lanes on the five-lane road in the KBS front of the KBS in the GBS-dong, Daegu, into the floodside, from the floodside of the NBS distance, the Plaintiff’s driver was involved in the collision between the front right side of the Defendant’s vehicle and the lower right side of the Plaintiff’s left side of the vehicle, which attempted to change the lanes from the first lane to the second two-lane (hereinafter “instant accident”).
C. On October 31, 2014, the Plaintiff paid KRW 3,340,000 for the repair cost of the Plaintiff’s vehicle (the amount excluding the exemption amount of KRW 500,000) as insurance money.
[Reasons for Recognition] Facts without dispute, Gap evidence or video as set forth in Gap evidence 1 through 6, and the purport of the whole pleadings [Evidence of Evidence] Nos. 1 and 2 (No one believe that the unilateral statement of the driver of the defendant vehicle is written or made on the basis thereof)
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case occurred by the plaintiff's own fault while the driver of the defendant vehicle, who was the driver of the plaintiff's vehicle, tried to change the vehicle from the first lane to the second lane in violation of the duty of safety driving and caused the accident in this case. Thus, the defendant, the insurer of the defendant vehicle, claiming that the plaintiff is liable to compensate the plaintiff for the vehicle repair cost paid to the plaintiff, while the defendant, at the time of the accident in this case, changed the vehicle from the second lane to the second lane, the defendant's vehicle was changed from the second lane to the second lane, and entered the second lane from the front lane, but the speed reduction, etc. is taking safety measures such as reducing the speed.