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

Purport of claim and appeal

1...

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

B. On November 27, 2016, around 14:10, on the road of the second line located adjacent to the main terminal located in Yongsan-gu, Yongsan-gu (hereinafter “instant road”). While proceeding with the first lane of the instant road, the Plaintiff’s vehicle and the Plaintiff’s vehicle attempted to change the two lanes, followed the Plaintiff’s vehicle, and the Plaintiff’s vehicle behind the instant vehicle while proceeding with the first lane while driving the first lane of the instant road, which led to the collision between the Defendant’s vehicle running along the two lanes of the instant road to overtake the Plaintiff (hereinafter “instant accident”). In order for the Plaintiff’s vehicle to pass the Plaintiff’s vehicle, the instant accident occurred.

C. On January 11, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 659,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. In full view of the following circumstances acknowledged by the judgment of the court of first instance and the evidence duly adopted and examined by the court, the instant accident was deemed to have been committed on an equal basis by the driver of the original and the Defendant vehicle.

Plaintiff

Although the vehicle enters the two lanes of the instant road than the Defendant vehicle, the driver of the Plaintiff vehicle is negligent in changing the vehicle vehicle somewhat unreasonable without considering the operational situation of the Defendant vehicle, which was followed without turning on the direction direction, etc.

In the event that the preceding vehicle is accelerated, the driver of the latter vehicle has a duty of care to safely drive the vehicle while paying attention to the speed of the preceding vehicle along with the reduction measures.

Nevertheless, the driver of the defendant vehicle, who is a preceding vehicle, shall operate the vehicle in speed, or shall operate the vehicle prior to it, even though the plaintiff vehicle, who is a preceding vehicle, is accelerated.