1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On August 5, 2015, the Plaintiff’s driver drivened the Plaintiff’s vehicle and tried to change the lane from the first to the second to the second one on the part of the Plaintiff’s vehicle in the vicinity of the Ansan-dong Agricultural and Fishery Products Wholesale Market (hereinafter “instant road”) to the front of the Defendant’s vehicle in which the Plaintiff’s driver drivened the Plaintiff’s vehicle and tried to change the lane from the third to the second one on the north-dong Agricultural and Fishery Products Wholesale Market in the vicinity of the agricultural and fishery products market (hereinafter “instant accident”). As a result, there was an accident that conflicts between the front left-hand part of the Plaintiff’s vehicle and the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On August 12, 2015, the Plaintiff paid insurance proceeds of KRW 802,100 to the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 1 to 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred in the course of changing the Plaintiff’s vehicle from the first lane to the second lane, and the Defendant’s vehicle from the third lane to the second lane. In light of the damaged parts of the Plaintiff’s vehicle, the Defendant’s negligence is at least 60%. Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay to the Plaintiff KRW 481,260 (=802,100 x 0.6) which corresponds to the negligence portion of the Defendant’s driver out of the insurance money paid to the Plaintiff, and the damages for delay.

B. The Defendant’s assertion that the instant accident occurred while the Plaintiff’s driver of the Defendant’s vehicle driving along the two-lanes after the Defendant’s vehicle changes normally, and attempted to leave the Defendant’s vehicle’s main lane in an unreasonable manner. Therefore, the Defendant’s driver is not at fault, and thus, the Plaintiff’s claim can be complied with.