1. The plaintiff's appeal is dismissed.

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

3. Disposition of the court of first instance is set forth in paragraph (3).

1. Basic facts

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 December 4, 2017, around 17:50, the Plaintiff’s vehicle entered a D hotel located in Seocho-gu Seoul Metropolitan Government into the five-lane (hereinafter “instant road”) in the direction of the new hotel in front of the said hotel, and changed the five-lane to the four-lane, the Plaintiff’s vehicle conflict with the front part of the Defendant’s vehicle and the front part of the driver’s seat, even and the rear seat of the Plaintiff’s left side of the vehicle, which temporarily stopped while operating the right direction, etc. in order to change the lanes from the four-lane of the said road to the three-lane.

(hereinafter “instant accident”). C.

On December 15, 2017, the Plaintiff paid insurance proceeds of KRW 864,800 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The following circumstances revealed that the error ratio of the instant accident was recognized and the entire purport of the pleadings in the evidence revealed, namely, ① the Plaintiff’s driver, as the Defendant’s vehicle is trying to change the course from the fourth lane of the instant road to the third lane, and thus, there was a possibility of moving the lane to the original lane, and even if there was insufficient space on the front section of the Defendant’s vehicle temporarily suspended, the vehicle becomes a collision with the Defendant’s vehicle, and ② the Defendant’s vehicle temporarily stops on the front section of the Defendant’s vehicle while working the direction, etc. for the change of the lane, and there was a possibility for another vehicle to move to the front section of the Defendant’s vehicle.