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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 respect to C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to D Vehicle (hereinafter “Defendant Vehicle”).
B. On April 26, 2019, at around 14:45, the Plaintiff’s vehicle driven along a four-lane road in front of the U.S. Infant Scar Station in Gangseo-gu Seoul, Gangnam-gu, Seoul, changing the course from the point where the lane is combined to three-lanes, and there was an accident that conflicts between the front part of the right side of the Defendant’s vehicle running along the three-lane and the rear part of the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).
C. On April 25, 2019, the Plaintiff paid medical expenses of KRW 258,400 as insurance money to the Plaintiff’s driver E, and KRW 500,000 as insurance money.
[Ground of Recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 8, Eul evidence 1 through 5 (including each number in case of additional evidence)]
2. The assertion and judgment
A. The instant accident alleged by the parties is caused by shocking and shocking the Defendant’s vehicle even if the Plaintiff’s vehicle was at the time of stopping after completing the entry of the vehicle at the seat of the lane, and the negligence of the Defendant’s vehicle is at least 70%.
B. The Defendant’s assertion that the instant accident occurred by negligence of the Plaintiff’s vehicle due to an accident that occurred when the Plaintiff’s vehicle, which was going on the right side of the Defendant’s vehicle while the Defendant’s vehicle is driving ahead of the Defendant’s vehicle on the right side of the vehicle at the right side of the vehicle.
C. The driver of a vehicle shall not change course when it is likely to obstruct the normal passage of other vehicles running in the direction to which he/she intends to change his/her course (Article 19(3) of the Road Traffic Act). However, the foregoing evidence is admitted.