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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. The circumstances leading up to the instant accident are as follows.
At the time of the accident, the insured vehicle CD on April 23, 2019 at the time of the accident, the insured vehicle of the Plaintiff, the insured vehicle of the Plaintiff, was driving one-lane of the three-lanes of the collision situation near the Sejong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, the defendant vehicle changed its course to the three-lanes, and the part of the driver's seat of the Plaintiff vehicle driving the three-lanes to the right right of the front driver was paid the shock insurance money, and there is no dispute over KRW 20,00,00 of the self-paid vehicle's self-paid
2. In light of all the circumstances that can be recognized by the evidence mentioned above, such as the circumstance of the accident and the situation of the collision, it is reasonable to deem that the accident in this case occurred due to the negligence of the Defendant’s driver, in violation of the duty of care to change the course of the vehicle so as not to impede the passage of the vehicle, and due to the change of the vehicle line to the two lanes, while driving along the two lanes, and changing the vehicle line to the three lanes. The Plaintiff’s driver appears to be difficult to expect the change of course from the first lane to the three lanes, and the Plaintiff’s driver cannot expect the change of course to the three lanes.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 1,748,80 as indemnity (i.e., the total amount of damages 1,948,800 x 100% - self-payment - Supreme Court Decision 200,000 won, and Supreme Court Decision 2015Da236431 Decided January 28, 2016) as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 25, 2019 to July 16, 2019, the delivery date of the copy of the complaint in this case, and from the following day to the day of full payment, 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. Conclusion, the plaintiff's claim.