The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. The Plaintiff is the insurer of C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer of D vehicle (hereinafter “Defendant vehicle”).

B. Around 13:40 on December 10, 2019, the driver of the Defendant vehicle caused an accident of shocking the Plaintiff’s vehicle that gets into the left-hand side from the right-hand side while going straight in the section of the area of combination due to the construction near the Cheong-si, Chungcheongnam-do, Chungcheongnam-do. (hereinafter “instant accident”).

C. On January 9, 2020, the Plaintiff paid KRW 326,146 (=526,146 - 200,000, hereinafter “the instant insurance proceeds”) to E, the insured of the Plaintiff vehicle, as the repair cost of the Plaintiff vehicle, who bears KRW 20,00 as the exemption fee.

[Reasons for Recognition] Facts that there is no dispute between the parties, each entry or video of Gap's 1 to 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) At the time of the instant accident, there was a section in front of the Plaintiff’s vehicle due to the construction work, and the instant accident ought to be deemed as 80% of the negligence of the Defendant’s driver due to an accident in which the Defendant’s vehicle, who immediately enters the front of the instant accident, has contacted the Plaintiff’s vehicle that had already been stopped due to a safe shift of course. Accordingly, the Defendant is liable to pay to the Plaintiff the Plaintiff the damages for delay from the day following the date of the payment of the insurance money, as KRW 260,916, equivalent to KRW 326,146, and KRW

B. 1) The driver of any motor vehicle in the relevant provision shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act), and shall not change his/her course in front of the motor vehicle that stops or travels slowly in order to prevent danger (Article 23 of the Road Traffic Act).