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 concluded an automobile insurance contract with respect to A. A. A. P. A. (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B.P. (hereinafter “Defendant”)

B. On February 2, 2017, around 10:47, at the entrance of the Busan Jin-gu, Busan, the accident occurred that conflict between the front side of the Defendant vehicle and the left side of the Defendant vehicle in the area where the vehicle is at the entrance of the Busan Jin-gu, the vehicle of the Defendant is at the three-lane, and the vehicle of the Plaintiff is at the four-lane, and the three-lane and the four-lane are at the same end.

C. On February 15, 2017, the Plaintiff paid KRW 495,000 and KRW 429,000 to the E Company as the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 4, Eul 1, 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s summary of the allegation is an accident entirely attributable to the negligence of the Defendant’s vehicle. Thus, in accordance with the legal principle of subrogation by insurers and the provision of the victim’s direct claim against the insurer under Article 724(2) of the Commercial Act, the Defendant shall pay the Plaintiff KRW 924,00 and the damages for delay.

3. According to the evidence and the purport of the oral argument as seen earlier, ① the point where the accident occurred is divided into three lanes and four lanes, and the two lanes are not divided into three lanes. However, it seems that the four lanes are combined; ② If so, the Plaintiff’s vehicle driving in the four lanes is attempting to change the four lanes. ③ The driver of any motor vehicle is likely to obstruct the normal traffic of another motor vehicle running in the direction to change the course of the motor vehicle (Article 19(3) of the Road Traffic Act), the driver of any motor vehicle shall not change the course if it is likely to interfere with the normal traffic of the motor vehicle running in the direction to change the course (Article 19(3) of the Road Traffic Act); ④ The driver of the Plaintiff’s motor vehicle without properly checking the Defendant’s vehicle running in the left side along the lane.