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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).
B. On July 14, 2017, around 11:00, the Defendant’s vehicle running along the two lanes from among the four-lane roads in the Namdong-gu Incheon Metropolitan City, Nam-gu, in the course of changing the lane into one lane, an accident that conflicts with the Plaintiff’s vehicle driven along the first lane (hereinafter “instant accident”).
C. The Defendant paid KRW 738,500 at the repair cost of the Defendant’s vehicle. When the ratio of responsibility of the Plaintiff and the Defendant’s vehicle was determined to be 20%: 80% in the deliberation and coordination procedure of the Motor Vehicle Claim Compensation Dispute Deliberation Committee, the Plaintiff paid KRW 187,700 to the Defendant on January 30, 2018 (=738,500 x 20%).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 3, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver, who carried out the sudden change of the vehicle on the road, but the Plaintiff paid KRW 187,700 to the Defendant with the repair cost of the Defendant’s vehicle, and thus, it should be returned as unjust enrichment.
B. Article 19(3) of the Road Traffic Act provides that “the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course of the motor vehicle,” and Article 38(1) of the same Act provides that “the driver of any motor vehicle shall, when intending to change course while driving the motor vehicle in the same direction, use his/her hand, direction indicator or light until the act ends.”
In this regard, we can find out the facts of the above recognition and the evidence mentioned above.