Text
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 respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B vehicle (hereinafter “Defendant vehicle”).
B. On June 19, 2017, at around 16:30, the Defendant’s vehicle driven a two-lane between the four-lanes near the Sisking-si, Sisking-si, and changed the course to the three-lanes, and the left rear part of the Plaintiff’s vehicle, which was driven on the three-lanes, caused an accident (hereinafter “the instant accident”).
C. On October 17, 2017, the Plaintiff paid KRW 7,623,790 for the repair cost of the Plaintiff’s vehicle destroyed due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including paper numbers) and the purport of the whole pleadings
2. According to the video of No. 6, the occurrence of liability for damages and the limitation of liability No. 6, the driver of the Defendant’s vehicle is recognized as having entered the said lane without a change of course, while the Plaintiff’s vehicle is proceeding at the right lane.
In changing course, no driver of any motor vehicle that is obligated to maintain a safe distance pursuant to Article 19 (3) of the Road Traffic Act shall change course when it is likely to impede normal traffic of any other motor vehicle running in the direction to which he/she intends to change course of the motor vehicle;
The driver of any motor vehicle obligated to transmit signals pursuant to Article 38 (1) and (2) of the Road Traffic Act and Article 21 of the Enforcement Decree of the same Act, when intending to change course to starboard while proceeding in the same direction, shall operate the hand signal or the direction direction indicator or lights from the time when he/she reaches at least 30 meters before reaching the point where he/she intends to act to change to right.