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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
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with AA car volume (hereinafter “Plaintiff”), and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B bus (hereinafter “Defendant vehicle”).
B. On January 5, 2014, around 13:48, the Defendant’s vehicle driven along the three-lanes from the 7.7km in the Incheon East East East-dong Highway, Jeju Jeju Island, at the 7.7km in Incheon, and the two-lanes, while changing the course of the vehicle into the two-lanes, the vehicle at the front side of the Plaintiff’s vehicle, which was proceeding nearly on the two-lane in the direction of the Defendant’s vehicle, was shocked into the left side of the Defendant’s vehicle. Accordingly, the Plaintiff’s vehicle was pushed into one-lane, and the Plaintiff’s vehicle shocked into the front left side of the Defendant’s vehicle.
(hereinafter referred to as “instant accident”). C.
Around the date of the instant accident, the value of the Plaintiff’s vehicle is equivalent to KRW 12,90,000, and the repair cost of the Plaintiff’s vehicle exceeds that, on February 6, 2014, the Plaintiff paid KRW 9,790,000, after deducting KRW 3,200,000 from the remaining value of the said vehicle from the damage compensation due to the destruction of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1, 2, 3, 5, and 6 (including additional numbers, if any) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the accident in this case occurred due to the negligence of changing the course from the three lanes to the two lanes although it is likely for the driver of the defendant vehicle to obstruct the normal passage of the plaintiff vehicle in the two lanes, and therefore, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 9,790,000 as well as the delay damages equivalent to the above damages caused by the damage of the plaintiff vehicle.
B. As to this, the Defendant attempted to change the course by turning on the direction direction, etc., and the driver of the Plaintiff’s vehicle was negligent in finding it in advance and driving on the concession even though it did not yield.