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1. The Defendant’s KRW 13,054,545 for the Plaintiff and KRW 5% per annum from February 28, 2013 to June 25, 2014.
Reasons
1. Basic facts
A. A, around 13:24 December 27, 2012, driven a B K5 taxi vehicle (hereinafter “Plaintiff vehicle”) owned by Bosung Transportation Co., Ltd. (hereinafter “Defendant vehicle”) and driven along one lane between the two lanes in front of D, located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, along the corner line, from the erost line, along the two lanes, the E driver’s vehicle driven along the two lanes (hereinafter “Defendant vehicle”) attempted to move into one lane on his own without operating the direction, etc., while driving the HTG vehicle, the vehicle driven along the opposite one lane while getting off the ice path and driving the vehicle beyond the median line, resulting in the occurrence of the accident and the EMM5 taxi vehicle (hereinafter “Defendant vehicle”).
B. The Plaintiff entered into a mutual aid agreement with Bosung Transportation Co., Ltd. with the Plaintiff’s vehicle, and paid KRW 26,109,090 for damages caused by the instant accident as indicated below.
G I J LK H M
C. The defendant is a person who has entered into a comprehensive automobile insurance contract with the defendant vehicle E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1-1 (including various numbers, if any) and the purport of the whole pleadings.
2. Determination
A. In light of the circumstances of the instant traffic accident, as the driver of the Plaintiff’s vehicle driving along the first lane, the driver of the Plaintiff’s vehicle, who was driving along the second lane, is anticipated to change the vehicle to the first lane that the Defendant’s vehicle driven in the second lane without operating the direction, etc., and thus, does not have a duty of care to take measures to prevent the occurrence of the accident. Thus, the main cause of the instant accident is that the Defendant’s vehicle attempted to change the vehicle to the first lane without careful consideration as to whether the other vehicle is driving on the first lane.