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
purport.
Reasons
1. Facts of recognition;
A. The plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the non-party A-party C vehicle owned by the non-party B (hereinafter referred to as the "Defendant vehicle").
B. On November 5, 2015, around 11:17, the Plaintiff’s vehicle driven in two lanes among the three-lane roads in the direction of the Changwon-gu, Suwon-gu, Suwon-si, the Sinwon-si (hereinafter “instant road”) and caused an accident where the front corner of the Plaintiff’s vehicle on the right side and the left side of the Defendant’s vehicle are faced (hereinafter “instant accident”).
C. The two-lane intersections in front of the instant accident point were originally three-lanes in the direction of the driving of the original and the Defendant vehicle, and the three-lanes are gradually narrow in front of the intersection, and the two-lanes are not allowed, and the three-lanes are not allowed in front of the intersections, and the three-lanes are extinguished when the three-lanes are coming into the intersections, and instead, the two-lanes are wider, and the two-lanes are able to be used by the vehicle in fact at the right side of the vehicle. Thus, in the course of attaching the vehicle to the two-lanes to the right side of the intersection, the Plaintiff vehicle is also an accident of contact with the Defendant vehicle, which is proceeding first
On November 13, 2015, the Plaintiff paid KRW 440,000 in the name of the repair cost for the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 6 (including branch numbers, if any) or video, the purport of the whole pleadings
2. Occurrence and scope of liability for damages;
A. The Plaintiff asserted by the parties, although the three-lanes on the road of this case are gradually narrow, the two-lanes are expanded instead, so the two-lanes on the left-hand side of the two-lanes could have been fully used by the two-lanes and by the two-lanes on the right-hand side.
Therefore, the accident in this case should be considered as the three-lanes.