Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid insurer who has concluded a mutual aid insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 12:20 on June 26, 2019, the Defendant’s vehicle shocked the Plaintiff’s vehicle entering one lane via two lanes in the first lane of the road near the entrance of the one-dong tunnel (Provided, That some sections were the third lanes, and the instant accident occurred in the third lane section) around the one-lane.

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

On July 16, 2019, the Plaintiff paid KRW 24,280,00 (the amount obtained by deducting KRW 3,300,000 from the return of the remainder) of the Plaintiff’s total damage disposal insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence Nos. 1 through 4 and images (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealed in light of the evidence revealed prior to the determination of the percentage of negligence, namely, ① the road section in which the accident in this case occurred, was in progress at the two and three lanes, and thus the vehicle traffic was prohibited, whereas the vehicle operated by the Defendant was able to drive normally. ② The Defendant vehicle was installed a three-lane container that restricts the passage between the first and the second lanes of the above road at the time of the accident in this case, so it was difficult for the Plaintiff to easily expect the vehicle to enter the two and the third lanes right side of the three-lane container by the Plaintiff, ③ the Plaintiff vehicle stopped at the three-lane of the above road at the time of the accident in this case and changed the one-lane between the two-lanes. In this process, the Defendant vehicle was at the time of the accident in this case, and ④ The Defendant vehicle was at the time of the accident in this case and at the time of the accident in this case.