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

B. On August 26, 2017, around 07:23, the Defendant’s vehicle, which was left left at the same lane among the three-lanes at the intersection in front of the Tae-dong Hyundai Apartment-dong, Busan (hereinafter “instant accident”), caused an accident where the Defendant’s vehicle, which was left left at the same two-lanes, shocked the Plaintiff’s vehicle that was left at the right turn (hereinafter “instant accident”).

C. On October 18, 2017, the Plaintiff paid KRW 3,583,330 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7 through 9 (including paper numbers), Eul evidence Nos. 5 and 6 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s vehicle did not confirm the progress of the Plaintiff’s vehicle within the intersection where the change of lane is prohibited and caused the instant accident while changing the lane. The instant accident was entirely caused by the negligence of the Defendant’s vehicle. The Defendant’s vehicle ahead of the Defendant vehicle at an rapid speed, and neglected the duty of front-way and safe driving, and thus, the negligence of the Plaintiff’s vehicle should be reflected.

B. The following circumstances, i.e., (i) the driver of any motor vehicle shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change in the case of changing the course of the motor vehicle (Article 19(3) of the Road Traffic Act). If the driver of any motor vehicle intends to turn to the left at the intersection, he/she shall go slowly along the center line of the road and turn to the left at the center of the intersection (Article 25(2) of the Road Traffic Act), and the motor vehicle for the defendant.