1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the Plaintiff’s insured vehicle (hereinafter “Plaintiff”), Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) C at the time of the accident, around February 15, 2018, and around February 15:10, 2018, the Plaintiff’s vehicle in the situation of the collision changed from three lanes to four lanes on the 4rd line road at the 4rd line in the location of the said location, Gangnam-gu Seoul Customs Service. However, the Defendant’s previous vehicle at the 3rd line changed to four lanes, and the front side of the Plaintiff’s front side and the right side of the Defendant’s vehicle conflict. The insurance money paid KRW 13,70,230.

B. The judgment of the first instance court determined that the instant accident occurred from the total negligence of Defendant vehicle, and calculated the Plaintiff’s amount of indemnity as KRW 13,770,230.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 8, 9, Eul 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant’s vehicle is driving along the three-lanes of the four-lane road, and the Defendant’s vehicle tried to make a sudden round, thereby resulting in conflict with the Defendant’s vehicle. Therefore, it is reasonable for the first instance judgment that deemed that the instant accident occurred due to the Defendant’s total negligence on the part of the Defendant’s driver. (2) The Defendant’s vehicle (i) while driving in the front side of the Defendant’s vehicle and driving in the four-lanes prior to the arrival of the accident, and then changed the course to the four-lanes prior to the arrival of the accident. At the time, the Defendant’s vehicle was driving in the vicinity of the four-lane, and thus, the possibility that the Defendant’s previous Defendant’s vehicle would change its course to the four-lane route could have been predicted.

Nevertheless, the Plaintiff’s driver committed an excessive fault to overtake the Defendant’s vehicle without fulfilling his duty of care in front of the Plaintiff’s vehicle, and such negligence by the Plaintiff’s driver contributed to 30% of the occurrence of the instant accident.

② The Plaintiff’s automobile repair cost is 13,770.