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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
1..
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings at Gap evidence 1 to 6, Gap evidence 8, 9, Eul evidence 1 and video.
The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with the Geumwon Co., Ltd. for the motor vehicle A (hereinafter referred to as “Plaintiff”) and the Defendant is a mutual aid operator who has entered into a motor vehicle mutual aid contract for B bus B (hereinafter referred to as “Defendant vehicle”).
B. On August 30, 2016, at the end of 12:45, the Plaintiff’s vehicle stopped and re-entered on three lanes in front of the end of 7 Malaysia in the front of the 4-lane of the Malaysia in the front of the 3-lane of the Malaysia. At that time, the Plaintiff’s vehicle stopped on the bus stops at the bus stops in the four-lane of the said road, but changed the course into the third-lane, and then the front direction of the Defendant’s vehicle and the pent portion conflict with the right side of the Plaintiff’s vehicle.
(hereinafter referred to as “instant accident”). C.
On November 11, 2016, the Plaintiff paid insurance proceeds of KRW 25,309,860 with the repair cost and the repair cost of the Plaintiff’s vehicle during the repair period.
2. The assertion and judgment
A. The plaintiff asserted that the accident in this case was caused by the total negligence of the defendant vehicle, because the accident in this case was caused by the reason that the defendant vehicle had changed the speed from four lanes to three lanes, and that the part of the back of the plaintiff vehicle normally proceeding in accordance with the new subparagraph was shocked on three lanes.
The defendant, at the time of the accident of this case, stopped at a bus stop of the four-lane, but ordered the direction of left side at the point where the lane decreases on the front side of the plaintiff vehicle, and attempted to change the lane slowly in front of the right side of the plaintiff vehicle. However, as the plaintiff vehicle did not yield the progress of the defendant vehicle at all, it is the back side of the right side of the plaintiff vehicle and the left side of the defendant vehicle.