2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to D Cargo Vehicles (hereinafter “Defendant Vehicle”).

B. Around 12:40 on February 28, 2018, while the Plaintiff’s vehicle is driving in the three-lanes of the four-lane road in the Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, it conflicts with the Defendant’s vehicle, while driving in the same direction with the two-lanes to three-lanes.

(hereinafter referred to as “instant accident”). C.

By June 22, 2018, the Plaintiff paid insurance proceeds of KRW 2,057,600 in total with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The accident of this case occurred because the driver of the defendant vehicle alleged by the plaintiff did not see the front section, but rather changed the course from two lanes to three lanes, and he shocked the rear part of the plaintiff vehicle and caused the accident of this case. Thus, the accident of this case is entirely caused by the negligence of the driver of the defendant vehicle.

B. The Defendant’s assertion that the instant accident occurred on the wind that the Plaintiff’s vehicle changed from four lanes to three lanes while the Defendant’s vehicle changed from two lanes to three lanes. As such, the driver’s negligence of the Plaintiff vehicle is 50%.

3. Determination

A. The following circumstances acknowledged by the above facts and the evidence revealed earlier, namely, ① in the event of a change of course, the driver of the Plaintiff’s vehicle would not obstruct the passage of the vehicle entering the direction of the change. Although the Plaintiff’s vehicle is proceeding on the three-lane, the instant accident occurred while changing the course from the two-lane to the three-lane, and ② the damaged part of the Plaintiff’s vehicle is the front part of the driver’s seat.