1. Of the judgment of the court of first instance, KRW 9,440,00 against the Plaintiff regarding the Defendant and its related amount, from December 21, 2017 to December 19, 2018.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B cab (hereinafter referred to as “Defendant”).

On November 11, 2017, at around 08:30, Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, changed the lane from the two lanes to the one lane among the two lanes, and the defendant's vehicle driving a one lane in the front and rear side of the plaintiff's vehicle that attempted to provide a Uton (hereinafter referred to as "the accident in this case").

On December 20, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 11,800,000 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Grounds for recognition] In the absence of dispute, the Plaintiff asserts that the Defendant’s vehicle was responsible for the instant accident, as the Plaintiff did not stop and attempted to overtake the Plaintiff vehicle beyond the central line, the responsibility for the instant accident was entirely on the part of the Defendant vehicle, since the instant accident occurred, the Plaintiff asserted that the responsibility for the instant accident was entirely on the part of the Defendant vehicle.

In this regard, the defendant asserts that he is partially responsible for the plaintiff's vehicle that attempted the Gap-on-way driver's vehicle without operating the direction direction, etc. on the front side of the defendant's vehicle.

Judgment

According to Article 13 (3) of the Road Traffic Act, the driver of any motor vehicle shall pass along the center (if a median line is marked, the center line thereof) of the road, and according to Article 21 (3) of the same Act, the driver of any motor vehicle intending to overtake shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead, and safety such as using the direction indicator, light or horn in consideration of the speed and route of the motor vehicle traveling ahead and other road conditions.