beta
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 entered into a D insurance contract with C, and the Defendant is an insurance company that entered into an automobile insurance contract with E vehicle (hereinafter “Defendant vehicle”).
B. On March 5, 2018, F, while driving a H-owned I vehicle (hereinafter “Plaintiff-owned vehicle”) that was stopped in order to cut off in front of the passenger vehicle shop located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in order to move, there was an accident that conflicts with the Defendant-owned vehicle that changed the two lanes from the two lanes to the three lanes (hereinafter “instant accident”).
C. On March 30, 2018, the Plaintiff paid KRW 13,137,880 (hereinafter “instant repair cost”) to H, the owner of the Plaintiff’s vehicle, as the unpaid repair cost for the Plaintiff’s difficulty in repairing the Plaintiff’s vehicle (hereinafter “instant repair cost”).
【Ground of recognition】 The fact that there has been no dispute, Gap’s evidence Nos. 1, 2, 4, 6, Eul’s evidence Nos. 1 and 2 (including partial numbers), Gap’s video and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s alleged vehicle was driven along the three-lanes, but the instant accident occurred as the Defendant’s vehicle rapidly changed the vehicle line and the collision between the Plaintiff’s vehicle. As such, the instant accident is entirely attributable to the Defendant’s vehicle.
Therefore, the Defendant should pay the Plaintiff the full amount of the repair cost of the instant case as the reimbursement right holder.
B. As the Defendant’s alleged vehicle, it was difficult to recognize the operation of the Plaintiff’s vehicle that started at a very slow speed without any particular signal while stopping at the time. In the case of the Defendant’s vehicle, the Defendant tried to change the vehicle line in a normal way by turning on the direction direction, etc.
Therefore, regarding the occurrence of the instant accident, the negligence of the Plaintiff vehicle is greater than the negligence of the Defendant vehicle.
In addition, the accident of this case is very significant.