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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 Plaintiff is the driver of the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who has concluded a comprehensive automobile insurance policy with respect to D vehicles (hereinafter “Defendant’s vehicle”).
B. On July 24, 2019, around 10:15, the Defendant’s vehicle stopped on the second line while driving the Plaintiff’s vehicle on the second line, among the second line roads near E in the East Sea at the time of the East Sea, caused an accident (hereinafter “instant accident”).
C. The Plaintiff suffered damages equivalent to KRW 830,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the instant accident was caused by the negligence of 100% of the Defendant’s vehicle, while the Defendant’s vehicle was operated on the front line of the Plaintiff’s vehicle, but was changed to the second line, and turned to the first lane for the Amateur, and that the instant accident was caused by the negligence of 100%. The Plaintiff claimed against the Defendant the full amount of the Plaintiff’s repair cost due to the instant accident.
B. According to the overall purport of the video and pleading evidence No. 6, the Defendant’s vehicle was stopped in the two-lanes at the time, and the instant accident appears to have occurred by entering the two-lanes with a rapid direction. As such, the Defendant’s driver’s negligence is large.
However, considering the distance between the plaintiff's vehicle that was proceeding in the rear side and the defendant's vehicle that tried to enter the first lane, road conditions at the time, speed of driving, etc., the plaintiff's duty of care to take measures to prevent the traffic accident, such as reducing the speed when he finds the defendant's vehicle that intends to enter the first lane, but neglecting the duty of care to take measures to prevent the traffic accident, thereby contributing to the occurrence of the accident or the expansion of damage.
. These circumstances.