The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A (hereinafter “Defendant”) with respect to B (hereinafter “Defendant”).

B. On December 4, 2016, at around 22:30, the Defendant’s vehicle driven the primary line road near the Busan Metropolitan City Busan Metropolitan City Shipping Daegu, and changed its direction to the right side in order to change the lane from the speed limit to the secondary line. At the time, the Plaintiff’s vehicle was not discovered at the rear side of the Defendant’s vehicle, which was going along the secondary line, and the upper part of the front part of the Defendant’s vehicle was shocked to the left side of the front part of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

The Plaintiff’s vehicle was destroyed due to the instant accident, and on December 26, 2016, the Plaintiff spent KRW 3,430,000 for the repair cost of the Plaintiff’s vehicle as insurance proceeds in relation to the said accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 5, 7, 8, Eul evidence 1 and 3, Gap evidence or video (including satisfy numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to the total negligence of Defendant 1’s vehicle, without operating a direction indicator, which rapidly changed the fleet from the vicinity of the speed limit.

B. Although the Defendant’s vehicle turned on the right direction at the section where the change of the lane was permitted and entered the two lanes from the first lane, the Plaintiff’s vehicle did not recognize that the Defendant’s vehicle intended to change its course, and even if there was an excessive speed to prevent the instant accident at the location of the instant accident, the accident occurred as it is without speed.

Therefore, the negligence of the Plaintiff’s vehicle in relation to the instant accident is about 40%.

3. Determination

A. The following circumstances acknowledged in light of the above facts and the evidence as seen earlier, namely, the operation status of the Plaintiff’s vehicle that the Defendant Vehicle driver left behind.