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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. Basic facts
A. The circumstances surrounding the instant accident are as follows.
At the time of the accident, the Plaintiff’s insured vehicle CD on February 1, 2018 at the time of the accident, around 07:30 on February 1, 2018, when the Plaintiff’s vehicle entered the two-lanes of the five-lane distance, the Defendant’s vehicle entered the five-lanes of the three-lane distance of the instant three-lanes, and changed the course to the two-lanes, and the front part of the right side of the Defendant’s vehicle and the lower part of the Plaintiff’s vehicle were faced. Accordingly, the Plaintiff’s vehicle moved to the other vehicles, and then 13,350,000 won (automobile damage) was paid for the insurance money to the other vehicles.
B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 10:90, and calculated the Plaintiff’s amount of reimbursement as 12,015,000 won.
[Reasons for Recognition] Facts without dispute, entry and video of evidence A1, 2, 5, and 6
2. The assertion and judgment
A. 1) The accident of this case occurred when the Plaintiff’s vehicle was normally driven on the two-lanes of the three-lanes of the instant three-lanes, but the Defendant’s vehicle was forced to change its course from five-lanes to two-lanes in an unreasonable manner in violation of Article 19(3) of the Road Traffic Act. Thus, the accident of this case is entirely caused by the negligence of Defendant’s vehicle. (2) The accident of this case occurred due to the negligence of the Defendant’s vehicle, even though the Plaintiff’s vehicle discovered the Defendant’s vehicle that changed its course, even though the Plaintiff’s vehicle discovered the Defendant’s vehicle that changed its course,
B. The following circumstances recognized by the video of No. 6 of the judgment, i.e., the driver of any motor vehicle, in accordance with Article 19(3) of the Road Traffic Act, shall not be obliged to change the course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change.