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 the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with the E vehicle (hereinafter “Defendant”).

B. On October 18, 2017, around 15:50, an accident occurred that shocks on the right side part of the Defendant vehicle and the left side of the Plaintiff vehicle driven on the two-lane roads of the F apartment Gdong in Busan Metropolitan City (hereinafter “instant accident”).

C. On October 31, 2017, the Plaintiff paid insurance proceeds of KRW 3,230,900 at the cost of repairing the Plaintiff’s vehicle.

(other than KRW 200,000). [Reasons for recognition] / [The fact that there is no dispute, each entry or video of the evidence Nos. 2 through 5, 7, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident is an accident that conflicts with the Plaintiff’s vehicle while the Defendant’s vehicle proceeding in one lane and changing its two lanes rapidly. As such, it is reasonable to deem that the negligence of the Plaintiff’s driver is 100%. As such, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the insurance money of the Plaintiff, KRW 3,230,90, and damages for delay thereof, which is the insurance money paid by the Plaintiff. 2) The instant accident alleged by the Defendant occurred due to the Plaintiff’s fault, while the Plaintiff’s vehicle proceeding in two lanes, and the possibility that the Plaintiff’s vehicle might change its lanes into one lane is difficult to avoid the possibility of changing its lanes.

B. The following circumstances, which are acknowledged by comprehensively taking account of the facts as stated in the above basic facts and evidence Nos. 3 through 5 and the purport of the entire pleadings, namely, the traffic accident report (on-site investigation report) which investigated the accident of this case, the maximum speed of the place of the accident of this case is not more than 60km/h, the speed of the Plaintiff’s vehicle was not more than 0km-20km at the time of the accident of this case, and the speed of the Defendant’s vehicle was 31km-40km.