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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. At the time of the occurrence of the basic fact-finding accident, the driver of the Plaintiff’s vehicle, at around 12:10 on July 30, 2018, in the situation of the collision of the four-lane road near Mapo-gu Seoul E-do road (hereinafter “instant road”), near the location of the insured vehicle at the time of the occurrence of the basic fact-finding accident, shall drive the Plaintiff vehicle at the boundary of the new village intersection from the luminous bank to the intersection of the new village intersection, and shall make the Defendant vehicle operating at the two-lane and attempted to change the three-lane of the instant road to the three-lane, and shall return the Defendant vehicle again to the three-lane after overtaking the Defendant vehicle by using the four-lane. In the process, the accident of this case occurred due to the collision between the Plaintiff’s driver’s seat, the front half part and the front part of the Defendant vehicle and the front part of the Defendant vehicle, the amount of the insurance money paid at KRW 4,700,00, 200, 2000.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1, 3, and 6, and the purport of the whole pleadings
2. Determination
(a) No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course (Article 19 (3) of the Road Traffic Act);
In light of the above legal principles, the following circumstances, which are acknowledged as a comprehensive consideration of the evidence as mentioned above and the purport of the entire argument, i.e., ① the Plaintiff’s vehicle was traveling ahead of the Defendant’s vehicle at the time when the Defendant’s vehicle tried to change the lane from the two lanes to the three lanes, ② the Plaintiff’s driver witness the Defendant’s vehicle entering the three lanes, and attempted to overtake the Defendant vehicle while driving along the three lanes and the four lanes, ③ the Plaintiff’s vehicle tried to return back again to the three lanes in front of the Defendant’s vehicle, but is sufficient at the time.