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”).

B. On December 12, 2015, around 10:55, the occurrence of the collision between the front part of the Defendant vehicle running in the same direction as the rear part of the Plaintiff vehicle, which changed the lane from the two-lanes of the road located in Seongdong-gu Seoul Metropolitan Government Geum-dong to the first lane (hereinafter “instant accident”).

C. On January 6, 2016, the Plaintiff paid insurance proceeds of KRW 5,800,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion occurred in the process of the Plaintiff’s vehicle driver’s failure to discover the Plaintiff’s vehicle due to his/her duty of safe driving and front-time watch while the Plaintiff’s vehicle, which is a prior vehicle, was in a normal direct progress after completion of the change of the lane. It is an accident caused by the previous negligence of the Defendant’s driver.

Therefore, the defendant is obligated to pay to the plaintiff 5,800,000 won for indemnity and damages for delay.

B. The following circumstances, namely, the road in which the instant accident occurred, based on the evidence and the purport of the entire pleadings, are considered as follows: (a) the vehicle was driven along the vehicle due to the traffic congestion at the time; (b) the Plaintiff’s driver, despite the safe change of the vehicle vehicle from the two lanes to the one lane, was parked immediately after the change of the vehicle vehicle; and (c) the Defendant’s driver, if there is a vehicle entering the vehicle by changing the vehicle from the front section, yield the course and accelerating the speed.