1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the owner of B bus (hereinafter “Defendant bus”).

B. On March 14, 2014, at around 23:20, when driving the Plaintiff’s vehicle, and driving the original tunnel located in the Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, and driving the first two-lane of the four-lane road in the vicinity of the main station, into the Cheongra zone, from the main station, the boundary of the small center separation unit outside the left side of the lane and changing the course to the right side and entering the two-lanes of the Defendant bus, which has been proceeding two-lanes in the same direction as the end, caused an accident (hereinafter “instant accident”).

C. By April 3, 2014, the Plaintiff paid KRW 20,188,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 5, Eul evidence 1 to 6 (including each number), Gap's statements, images, and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle was changed from the first lane to the second lane. The Defendant’s driver, who was in progress in the second lane of the Plaintiff’s vehicle, did not see the Plaintiff’s vehicle seeking the change of the vehicle and did not cause the instant accident. The Defendant’s negligence was at least 20%, and the Defendant’s fault was 4,037,600 won (=20,18,000 won x 0.2) equivalent to the Defendant’s fault ratio out of the repair cost of the Defendant’s vehicle.

B. As to the Defendant’s assertion, the instant accident is the body of the front bank while the Plaintiff’s driver neglected the duty of front-time care.