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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to AK7 vehicles (hereinafter referred to as “Plaintiff vehicles”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B dump trucks (hereinafter referred to as “Defendant vehicles”).
Plaintiff
Around 13:00 on July 31, 2017, the vehicle was traveling along three lanes from among four lanes in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Incheon. When the Defendant’s vehicle driven along the two lanes in the same direction changed to three lanes, the Defendant’s vehicle in front of the right side of the Plaintiff’s vehicle contacted the front side of the Plaintiff’s vehicle, thereby causing an accident that damages the body and body of the Plaintiff’s vehicle.
(hereinafter “instant accident”). The Plaintiff paid KRW 8,073,100 in total at the repair cost of the Plaintiff’s vehicle.
[Based on the recognition, the Plaintiff asserted that the parties to the instant accident was attributable to the total negligence of Defendant 1, since the instant accident occurred due to the negligence of the Defendant 1’s driver due to neglecting the duty of the front left-down, as it was caused by the negligence of the front-way driver.
In this regard, the defendant asserts that the plaintiff's vehicle is responsible for the occurrence of an accident even for the plaintiff's vehicle, because it is difficult to view that the plaintiff's vehicle was affected by a part of the two lanes beyond the three lanes at the time, and that the plaintiff's vehicle was not able to at all predict the change of the vehicle.
Judgment
According to the above facts and the images of Gap evidence No. 5 (Bck), since the defendant's vehicle neglected the duty to see the vehicle on the front line while changing the vehicle, and it is found that the vehicle was immediately changed without discovering the plaintiff's vehicle on the right side and shocking the plaintiff's vehicle while changing the vehicle, the responsibility for the occurrence of the accident in this case lies on the defendant's vehicle.
Plaintiff
Vehicles shall be the lanes on which they are travelling.