1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The plaintiff's claim extended by this court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with Bsch Rexton vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of CMW vehicle (hereinafter “Defendant vehicle”).

B. On November 9, 2016, at the end of 17:53, the defendant vehicle running a three-lane side of the 1st apartment zone in Gwangju Metropolitan City, Gwangju Metropolitan City, has a defect in the two-lanes in order to overtake the previous vehicle, and the plaintiff vehicle was driving ahead of it, again, changed the previous vehicle into the three-lanes, and then the previous vehicle stopped again, the vehicle moving into the vehicle in the future of the plaintiff vehicle while moving into the two-lanes, and immediately stop the vehicle, and thereafter, the vehicle moving into the front side of the vehicle after reporting that the vehicle in front of the defendant vehicle stops the vehicle as the stop of the vehicle at the front side of the vehicle of the plaintiff vehicle, and at the same time the vehicle moving into the left side of the vehicle of the plaintiff vehicle, conflicts with the left side of the defendant vehicle after moving into the left side of the vehicle of the plaintiff vehicle, and contact with the accident that the vehicle in question has a right side of the D driver vehicle of the plaintiff vehicle (hereinafter referred to as "damage" in this case").

C. The Plaintiff, due to the instant accident, paid KRW 988,170, and KRW 1,668,200, total of KRW 2,656,370,00, as the repair cost of the damaged vehicle, to D’s final payment around December 20, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred due to the previous negligence in violation of the provisions of Article 21 (Overtaking Method) of the Road Traffic Act, such as the Defendant overtaking the Plaintiff’s vehicle, and entering the right side, and the vehicle in front is already stopped and the distance between the two vehicles is narrow, even with the knowledge that the distance between the vehicles is narrow.