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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. Facts of recognition;
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with C (hereinafter “Defendant”).
B. Around 07:40 on May 17, 2017, the driver of the Defendant vehicle driving the Defendant vehicle, driving the two-lanes of the three-lanes of the border road into the Seoul bank in Busan bank, while changing the course from the point of the drive road in Busan to the 29km point, the driver of the Plaintiff vehicle driving the said one-lane in the same direction, while changing the course to the one-lane in the same direction.
(hereinafter “instant accident”). C.
By May 31, 2017, the Plaintiff paid KRW 10,910,000 in total to the repair business entity of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case occurred from the total negligence of the defendant vehicle that rapidly changed the vehicle without using the direction direction, etc., and therefore, the defendant, the insurer of the defendant vehicle, is liable to pay the plaintiff the amount of indemnity equivalent to 10,910,000 won of the repair cost paid by the plaintiff and the damages for delay.
In this regard, the defendant did not confirm the plaintiff's vehicle that was driven in the blind spot while the driver of the defendant's vehicle changed the vehicle at the time of the accident at the time of the accident at the time of the accident at issue, and the accident at issue occurred. However, although it was sufficiently anticipated that the defendant's vehicle that was driven by the driver of the plaintiff's vehicle at the next lane could change the vehicle at the same time, it was negligent in paying attention to the defendant's vehicle that changed the lane or not using the brake system.