1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. At the time of the occurrence of the basic fact-finding accident, at around 17:52 on March 28, 2019, the insured vehicle CD of the Plaintiff’s insured vehicle, and around 17:52 on March 28, 2019, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), as indicated in the site map of the accident in the vicinity of the F Hospital E at the window at the window at the Changwon-si site (hereinafter “Defendant vehicle”), changed the vehicle from the two lanes to the three lanes, and the insured vehicle of the Plaintiff (hereinafter “Defendant vehicle”) paid the insurance proceeds of a conflict between the fronter on the right side of the Defendant vehicle and the left-hand side of the Plaintiff vehicle (hereinafter “instant accident”), the Plaintiff’s repair cost of KRW 531,140 on April 10, 2019, as follows.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12 and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The instant accident occurred due to the negligence of the Defendant’s vehicle that caused the sudden change from the distance near the Defendant’s vehicle. 2) The instant accident, as well as the negligence in relation to the change of the course of the Defendant’s vehicle, was caused by the negligence of the Plaintiff’s duty of breach of duty on the frontline of the Plaintiff vehicle.

B. In full view of the following circumstances, it is reasonable to deem that the instant accident occurred due to Defendant vehicle’s negligence, taking into account the evidence and the purport of the entire pleadings as seen earlier.

(1) Where a driver of any motor vehicle intends to change course of a motor vehicle and it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, he/she shall not change his/her course (Article 19 of the Road Traffic Act). In addition, if he/she intends to change his/her course to right, he/she shall operate direction lights

Enforcement Decree of the Road Traffic Act.