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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. Basic facts
A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to BK3 vehicles (hereinafter “Defendant”) with respect to the Plaintiff’s rocketing vehicles (hereinafter “Plaintiff’s vehicle”).
B. On February 3, 2017, around 16:10, an accident occurred between the Plaintiff’s vehicle that changed the lane from the first lane to the second lane of the inner circulation road near the lower end point of the valley in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant road”) and the Defendant’s vehicle that was proceeding the second lane of the instant road (hereinafter “instant traffic accident”).
The intensity of an accident shall be as specified in the attached Form.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The main point of the Plaintiff’s assertion was that the instant traffic accident occurred due to the negligence of the Defendant’s driver on the part of the Defendant, who violated the duty of Jeonju and the duty of safe driving.
Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay 384,000 won of the insurance money paid by the plaintiff and damages for delay.
B. Article 19(3) of the Road Traffic Act provides, “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 the driver intends to change course of the motor vehicle.”
In light of the above provisions, in full view of the circumstances leading up to the occurrence of the instant traffic accident, the location of the Plaintiff and the Defendant’s vehicle at the time of the accident, and the degree of the collision, etc., the Plaintiff’s driver, at the time of the occurrence of the instant traffic accident, tried to change the vehicle from the first lane of the instant road to the second lane, and thus, the other vehicle’s driving speed and distance between the two lanes of the instant road are well examined.