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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. Facts of recognition;
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the Daurst vehicle (hereinafter “Defendant”) with respect to the vehicle (hereinafter “Plaintiff vehicle”).
B. On March 12, 2018, around 08:00, at the fourth line near the Gangseo-gu Office located in Gangseo-gu, Gangseo-gu, Seoul, the left-hand 6-dong road, the Defendant vehicle, like the left-hand epiced on the fourth line, attempted to change the two lanes from the three lanes of the above road to the two lanes, and the part of the Defendant vehicle's driver's seat entered the two lanes, the Plaintiff vehicle, while driving a two-lane, was faced with the Defendant vehicle while driving the vehicle.
C. On April 30, 2018, the Plaintiff, the insurer of the Plaintiff’s vehicle, due to the foregoing traffic accident, paid KRW 389,600, which deducts KRW 200,000 of the repair cost of the Plaintiff’s vehicle from KRW 589,600.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 2 and the purport of the 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 vehicle rapid and unreasonable.
As such, since the above traffic accident occurred due to the previous negligence of the driver of the defendant vehicle, the defendant is obliged to pay the above insurance money to the plaintiff 389,600 won and damages for delay.
B. According to the above recognition of the first liability for damages 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 two lanes from the three lanes of the above road to the two lanes, and thus, the driver of another vehicle driving on the two lanes has the duty of care to change the course by well examining the speed of operation of the other vehicle driving on the two lanes and the distance between the other vehicles, but has failed to comply with such duty and the change of the two lanes.