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1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal include the part resulting from the intervention.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded an automobile insurance contract with D vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E vehicle (hereinafter “Defendant”).
B. On June 23, 2018, around 21:05, an accident occurred, where the front part of the right side of the Plaintiff’s vehicle, which changed to the four lanes from the fourth-lane of the locking room in Songpa-gu Seoul, to turn on an emergency, etc., to turn on the fourth-lane, and the front part of the right side of the Plaintiff’s vehicle, which changed to the fourth-lane from the fourth-lane to the third-lane, left side of the Defendant’s vehicle and immediately after the vehicle changed to the third-lane (hereinafter “instant accident”).
C. On July 17, 2018, the Plaintiff paid insurance proceeds of KRW 4,056,00, which deducts KRW 500,000 of the repair cost of Plaintiff’s vehicle from KRW 4,565,00 due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, Eul evidence No. 1 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that the accident of this case occurred by the plaintiff's vehicle due to the plaintiff's own fault since the accident of this case occurred at the time of almost completion of the change of the vehicle line.
In this regard, the defendant asserts that the negligence of the plaintiff vehicle should be recognized more than 50% since the plaintiff vehicle is trying to immediately by overtaking the defendant vehicle even though it is confirmed that the plaintiff vehicle had been on board the defendant vehicle.
B. (1) Article 19(3) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of any other motor vehicle running in the direction to change course of the motor vehicle," and Article 32(1) of the Road Traffic Act provides that "the driver of any other motor vehicle shall not change course."