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 the amount of A car (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to B-wheeled Vehicle (hereinafter “Defendant”).

B. On April 3, 2017, around 20:03, the driver of the Defendant vehicle is driving in the direction of 1368 lanes in front of the land intersection in the vicinity of the Gannam-dong Park Kimhae-si Park (hereinafter “instant road”), along the gold pipe, the driver of the Defendant vehicle tried to drive ahead of the Plaintiff vehicle using one lane on the left side of the Plaintiff vehicle, while driving ahead of the Plaintiff vehicle on the right side of the Defendant vehicle. On the other hand, the part on the left side of the Plaintiff vehicle cut down to the right side of the Defendant vehicle.

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

On April 19, 2017, the Plaintiff paid KRW 396,680 for the repair cost of the Plaintiff’s vehicle as the insurance money for the instant accident.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1 through 5, Eul evidence 1 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred due to the total negligence of the Defendant driver, inasmuch as it is difficult for the Defendant’s vehicle to anticipate the Plaintiff’s vehicle to overtake the Plaintiff’s vehicle, while running a eropicing vehicle in an unreasonable manner and driving normally at the two-lanes, and it is difficult for the latter Defendant’s vehicle to anticipate the overtaking of the Plaintiff’s vehicle.

Therefore, the defendant is obligated to pay the full amount of the insurance money paid by the plaintiff to the plaintiff as indemnity.

B. The Defendant’s instant accident was under normal progress after he changed the vehicle into one lane to overtake the Plaintiff’s vehicle because the previous Plaintiff’s vehicle was at a speed or was unable to pass ahead. However, when the Plaintiff’s vehicle was placed on a bend road, the Defendant’s vehicle is at a point where the first and second lanes are located along the left side.