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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
purport.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with Nonparty A and B (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded each automobile insurance contract with Defendant C (hereinafter “Defendant”).
B. On November 23, 2015, at around 21:50, the Plaintiff’s vehicle proceeded along the three lanes in front of the E-owned station in Daejeon Seo-gu, Daejeon, along the five lanes, and changed the four lanes into the five lanes in order to enter the E-owned station outside the right road, and caused an accident of collision with the Defendant’s vehicle in which the E-owned road is running along the five lanes.
C. On December 15, 2015, the Plaintiff paid KRW 6,420,000 as the total damages of Plaintiff’s vehicle due to the instant accident.
[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 8, the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. The plaintiff alleged by the parties is running at a rapid speed without turning the headlight at night.
Plaintiff
Since the vehicle conflict with the vehicle, the defendant vehicle's negligence is at least 40%.
In this regard, the defendant asserts that the vehicle of the plaintiff was in conflict with the defendant vehicle by changing the vehicle from three to five lanes to enter the oil station outside the right edge at night. The defendant's vehicle as the defendant's vehicle was an unforeseeable inevitable accident, and therefore, the defendant's vehicle is without fault.
B. According to the above facts of recognition, the accident of this case occurred due to the main mistake of the plaintiff vehicle which attempted to change the lane from the third to the five lanes without neglecting the duty of due care, while examining the movement of the vehicle that proceeds from the change of the lane in advance. However, the accident of this case occurred at the heart where the vehicle is driven at a considerable speed, and the accident of this case occurred at the front of the location of the accident.