1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

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”).

나. 2016. 1. 30. 17:00경 수원시 권선구 세류동 부근 편도 4차선 도로(이하 ‘이 사건 도로’라고 한다)에서 원고 차량이 3차로로 주행하다가 우측 깜빡이를 켜며 2차로로 차선변경하려는 순간 같은 도로의 1차로에서 주행하다가 좌측 깜빡이를 켜며 2차로로 차선변경을 하고 다시 3차로로 차선변경을 하려는 피고 차량과 충돌하는 사고(이하 ‘이 사건 사고’라고 한다)가 발생하였다.

C. On February 18, 2016, the Plaintiff paid KRW 5,211,00 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 4 evidence, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver, who was a large dump truck, due to neglecting the course by properly examining the movement of the vehicle driving on the front side and the right side while driving the vehicle. Therefore, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay the insurance money paid by the Plaintiff to the Plaintiff and the damages for its delay.

B. (1) Article 19(3) of the Road Traffic Act provides that "No driver of any motor vehicle shall change course when it is likely to impede normal traffic of another motor vehicle running in the direction to which he/she intends to change course of the motor vehicle." Article 38(1) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when he/she intends to change course of the motor vehicle."