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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 entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the owner of B vehicle (hereinafter “Defendant vehicle”).
B. At around 16:20 on June 12, 2017, the Plaintiff’s vehicle runs four lanes, one of the five-lanes in front of the Yandong, Seongbuk-gu, Seongbuk-gu, Seoul, at the end of the end of the archero distance.
While changing the lane into five lanes, the front part of the driver's seat of the Defendant vehicle, which was driven along five lanes, was shocked with the front part of the Plaintiff vehicle as the front part of the driver's seat.
(hereinafter referred to as “instant accident”). C.
On July 19, 2017, the Plaintiff paid KRW 1,960,000 as insurance money at the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, Gap evidence 3, Gap evidence 5-1 to 3, Eul evidence 5-2, and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the parties’ assertion is that at the time of the instant accident, the Defendant’s driver at the time of the instant accident was negligent in violating the duty to ensure the safety distance and the duty to keep the safety distance at the time of the front-time, and that the negligence ratio is at least 30%, and the Defendant asserted that the instant accident occurred when the Plaintiff’s vehicle did not turn on the direction light, but was making an unreasonable change in the vehicle line, and thus, the Plaintiff’s driver
B. Article 19(3) of the Road Traffic Act provides that "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 change course of the motor vehicle," while Article 38(1) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of the motor vehicle running in the direction to change course of the motor vehicle, and the driver of any motor vehicle shall act with hand, direction indicator or light when intending to change course while driving the motor vehicle in the same direction."