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 concluded an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to the vehicle B (hereinafter “Defendant”).

B. On May 21, 2017, at around 02:15, the Plaintiff’s vehicle is going to turn to the left at the right side of the Plaintiff’s front side of the Plaintiff’s vehicle while driving in the direction of a written intersection from the direction of ideas to the direction of the intersection. However, while Defendant’s vehicle entered the front side of the Plaintiff’s vehicle while making a left turn at the first lane of the said road and changing the two lanes into the front side of the Plaintiff’s vehicle, the left side side of the Plaintiff’s vehicle was shocked.

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

On May 26, 2017, the Plaintiff paid KRW 1,378,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 8, Eul evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Defendant’s allegation did not confirm the progress of the Plaintiff’s vehicle within the intersection where the change of lane is prohibited, and the instant accident occurred while changing the lane. The instant accident entirely occurred due to the negligence of the Defendant’s vehicle.

(2) The Defendant’s assertion that the Plaintiff’s vehicle should be reflected in the negligence of the Plaintiff’s vehicle, as the Defendant’s vehicle overtakes the Defendant vehicle at a rapid speed, and neglecting the duty of front-way and safe driving.

B. The following facts and circumstances recognized by the overall purport of the evidence and arguments as mentioned above, i.e., the lane between the Plaintiff’s vehicle and the Defendant’s vehicle prior to entering the intersection, are the front line and the intersection.