beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the A-5 car (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the B-H car (hereinafter “Defendant vehicle”).
B. Around 08:25 on March 21, 2014, the Defendant’s vehicle, while driving a two-lane from the 38km located in the Busan Metropolitan City, the Busan Metropolitan City Highway at the 38km of the Busan Metropolitan City, conflict with the Plaintiff’s vehicle driving the one-lane.
C. On August 5, 2014, the Plaintiff paid insurance proceeds of KRW 7,238,90 at the cost of repairing the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings
2. The Plaintiff asserted that the instant accident was entirely caused by the negligence of the Defendant’s driver, and the Defendant asserted to the effect that the Plaintiff’s driver was negligent.
3. In full view of the overall purport of arguments as to the images of Gap evidence Nos. 2, 3, 4, and 8 (including each serial number), the defendant vehicle has entered the border road and changed the lane from the three lanes to the two lanes. The non-party C vehicle running in the transition road immediately thereafter changed the lane from the three lanes to the two lanes, the defendant vehicle rapidly changed the lane to the one lane at the driving speed without speed without speed. Accordingly, the plaintiff vehicle running in the one lane at the end, which conflicts with the two lanes after the left side of the defendant vehicle, the upper part of the front part, the rear part of the front part, and the rear part. The driver of all vehicles change the lane to the two lanes (see Article 19 (2) of the Road Traffic Act), and the vehicle after the change to the two lanes, if there is a concern over hampering the normal passage of another vehicle running in the direction to change the course (see Article 19 (2) of the Road Traffic Act).