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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
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement for B-si owned by A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement for C bus (hereinafter “Defendant vehicle”).
B. A, around 18:25 on January 4, 2016, driven the Plaintiff’s vehicle, driving the 728-lane south-dong, Incheon, Namdong-gu, according to three-lanes from the long distance of the hospital to the long distance of the South East East Police, and the Defendant’s vehicle driven the 4-lane next to it.
C. Among them, A changed the lane to four lanes in order to discover customers and board the vehicle. During that process, the backer of the Defendant’s vehicle faced with the front part of the Plaintiff’s vehicle (hereinafter “instant accident”), and as a result, the passengers D on board the Defendant’s vehicle was injured.
The Plaintiff paid KRW 4,209,310,00 in total, from February 24, 2016 to April 19, 2016.
[Based on Recognition - Unsatisfy Facts, Gap evidence 1 through 4 (including each number), Eul evidence 1 and 2, or the purport of the whole pleadings]
2. The Plaintiff asserts that the Defendant is also liable for compensating for 40% of the damages incurred by the instant accident, as the negligence of the Defendant’s driver’s failure to perform the duty of care and the failure to drive the concession driving caused the instant accident.
In full view of the above evidence and the purport of the entire argument, the accident in this case occurred from three to four lanes by the driver of the plaintiff vehicle, and even if the driver of the defendant vehicle driving the vehicle with the driver's prior preparation for concession, it does not seem that the driver could have avoided the vehicle that changed the vehicle's future rapidly, such as the plaintiff vehicle, so the accident in this case was committed by the driver of the defendant vehicle.