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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. The Plaintiff is the owner of BKaN Trac (hereinafter referred to as “Plaintiff”) and the Defendant is the insurer who has acquired the liability to compensate for damages due to the personal and physical accidents of Dchip vehicle C (hereinafter referred to as “Defendant vehicle”).
B. Around 12:00 on September 27, 2015, the Defendant’s vehicle driven by C was driven by the Defendant’s vehicle, which was driven by C, in a way that the point was set at a two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes, and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the Plaintiff vehicle, and there was an accident that the front part of the driver’s seat of the Plaintiff vehicle
(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence No. 1, and purport of the entire pleadings
2. Occurrence of liability for damages;
A. According to the above recognition facts, the driver of any motor vehicle shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to change the course of the motor vehicle (Article 19(3)2 of the Road Traffic Act) (Article 19(2) of the Road Traffic Act). If the driver of any motor vehicle changes the motor vehicle from the two lanes of the third lane to the three lanes, the accident in this case is an accident caused by neglecting his/her duty to not change the course when it is likely that the driver might impede the traffic by examining the progress of the motor vehicle in the third lane, and therefore, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident in this case as the insurer of the defendant vehicle.
(b) limitation of liability, provided that evidence Nos. 1 and 2 (including paper numbers) are written and recorded, the inquiry results of the fact-finding with respect to the Daegu Chief of Police Station of the Court of the first instance, the testimony of the witness C at the trial of the court of the first instance, and the entire purport of the pleadings as a result of this Court’s verification of video images.