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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. On January 13, 2019, at the time of the basic fact-finding accident, the insured vehicle CD of the Plaintiff’s insured vehicle, such as the insurance relation, was changing the vehicle to the six lanes while driving in the direction of Ulsan Island, located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, (hereinafter “the road in this case”). While the vehicle in this case is driving in the direction of Ulsan-do, the vehicle in front of the Ulsan-do, Ulsan-do, Ulsan-do, U.S., U.S., the vehicle in this case was changing to the six lanes, the vehicle in this case was changing to the six lanes. The vehicle in this case was changing to the five lanes in order to enter the road of this case, and the vehicle in this case, the vehicle in this case, with the vehicle in front of the Plaintiff’s driver’s seat in front of the vehicle in this case, did not have the following reasons as to the payment of the insurance money in front of the vehicle in this case.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 8, Gap evidence 9, Gap evidence 14, Gap evidence 15, Eul evidence 15, the purport of the whole pleadings and arguments
2. The parties' assertion
A. The accident of this case occurred due to the change of the five lanes of the defendant vehicle to cross, and the collision with the plaintiff vehicle, which was the wind that the defendant vehicle moved to cross, and therefore, it is impossible to avoid the defendant vehicle. Thus, the accident of this case occurred due to the negligence of the driver of the defendant vehicle.
B. Although the instant accident occurred due to the failure of the Plaintiff’s vehicle to avoid the change of the vehicle, the Plaintiff’s driver did not have any limitation to view the vehicle, and the previous Defendant’s vehicle entered the Plaintiff’s vehicle as the moving vehicle. Therefore, the Plaintiff’s driver violated the duty to stop the vehicle and the duty to ensure safety.
(c).