The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with CMW car (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with DMW car (hereinafter “Defendant vehicle”).

B. On October 22, 2018, around 11:17, the driver of the Plaintiff’s vehicle: (a) driven the Plaintiff’s four-lane road in the direction of the national flag length distance in front of the Criririwon Station in Gangnam-gu Seoul, Gangnam-gu, Seoul, in the direction of the national flag origin distance; (b) the Defendant’s vehicle driving the same lane led to a collision between the right side of the Plaintiff’s vehicle and the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On November 6, 2018, the Plaintiff paid KRW 4,582,000,00, after deducting KRW 500,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident, based on an automobile insurance contract with the Plaintiff.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7, images, the purport of whole pleadings

2. The assertion and judgment

A. In violation of Article 13(6) of the Road Traffic Act, the driver of the defendant vehicle who claimed the plaintiff's assertion 1) tried to pass the plaintiff vehicle to the right side of the plaintiff vehicle and overtake the plaintiff vehicle to the right side other than the left side of the plaintiff vehicle, while neglecting the duty to keep the plaintiff vehicle in front of the defendant vehicle and not securing the safety distance, and the traffic accident in this case occurred due to the whole negligence of the defendant vehicle. (2) The road where the accident in this case occurred is clearly divided into the boundary line, and thus there is no roadside area, so the driver of the defendant vehicle cannot be deemed to have violated Article 13(6) of the Road Traffic Act, and the driver of the defendant vehicle is located on the right side of the road at the time of the accident in this case.