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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Defendant is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Defendant Vehicle”).
B. On December 29, 2018, at around 17:50, the Defendant’s vehicle attempted to change the lanes from the three lanes to the two lanes among the four lanes near the Gangnam-gu Seoul Metropolitan City D, and re-enters the back portion of the E-city bus owned by the Plaintiff, which changed from the four lanes to the three lanes on the right side of the Defendant vehicle (hereinafter “Plaintiff vehicle”).
(hereinafter referred to as “instant accident”). C.
The Plaintiff suffered losses of KRW 294,400, 108,520, for the repair cost of the Plaintiff’s vehicle and KRW 108,520.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant accident occurred in the course of returning the Defendant’s vehicle to the Defendant’s own three-lanes while changing the vehicle from the three-lanes to the two-lanes. Thus, the instant accident was caused by the Defendant’s unilateral negligence.
Therefore, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay to the Plaintiff the sum of the repair cost and the rest fee of the Plaintiff’s vehicle due to the instant accident, KRW 402,920, and damages for delay.
B. The following circumstances revealed in light of the developments leading up to the occurrence of the instant accident, namely, the instant accident appears to have occurred when the Defendant’s vehicle attempted to change the lanes from three lanes to two lanes, and it would have been trying to move without yield to the Plaintiff’s vehicle that was going to change the lanes from four lanes to three lanes. Meanwhile, the Plaintiff’s vehicle also continues to proceed two lanes from three lanes to two lanes for the change of the lanes, without due care, while paying due attention to the movement of the Defendant vehicle.