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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
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On November 3, 2014, at around 08:46, the Plaintiff’s vehicle: (a) discovered that the Defendant’s vehicle driven along the two lanes along the two lanes located in Gangnam-gu Seoul, Gangnam-gu, along the two lanes, stops after changing the two lanes; and (b) led to the Plaintiff’s vehicle driving along the one lane (hereinafter “victim”) in the course of changing the two lanes to the one lane in order to avoid the change of the vehicle.
(hereinafter referred to as “instant accident”). C.
The Plaintiff paid insurance proceeds of KRW 1,976,90 in total to November 7, 2014 as repair cost of the damaged vehicle and the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings
2. The following circumstances acknowledged by comprehensively taking account of the facts acknowledged as above and the purport of the entire arguments and the evidence revealed earlier, namely, ① Defendant vehicle operates a direction direction, etc. to the right side while one lane and stops by on-and-off an emergency, etc. after changing its two lanes; ② Plaintiff vehicle driver stops the vehicle by on-and-off the vehicle after changing its bus line, but without conducting safe driving, such as moving the vehicle while driving the vehicle, even though Defendant vehicle, who is a taxi, stops after changing its bus line.
The accident of this case occurred due to the rapid change of the lane as soon as possible. ③ Meanwhile, the defendant vehicle also intends to stop on the road for passengers getting on and off the road, there is a duty to change the lane from the beginning to the lowest point so as not to cause any trouble to traffic, and to give a warning of stopping by on and off the direction lights or emergency lights.
After changing the lane rapidly into two lanes.