1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

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

B. On October 11, 2016, around 20:41, the Plaintiff’s vehicle driving along one lane on the 4nd line near the Yongyang-dong, Yangcheon-gu, Seoul at the fourth line for the right-hand turn at the fourth line, caused an accident where the left-hand turn at the two-lanes of the Defendant’s vehicle (hereinafter “instant accident”).

C. The Defendant paid KRW 619,700 at the repair cost of the Defendant’s vehicle, and the ratio of liability of the Plaintiff and the Defendant’s vehicle was 90%: 10% in the deliberation and resolution procedure conducted by the Committee for Deliberation on the Settlement of Automobile Claims (hereinafter “sub-building”) and the Plaintiff paid KRW 557,730 to the Defendant on March 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant vehicle drivers, who carried out the instant change of the lane rapidly by impairing the real vehicle section where the change of lanes is prohibited while making the left turn rapidly from the two lanes.

Since the plaintiff paid KRW 557,730 at the repair cost of the defendant vehicle, the defendant must pay the plaintiff the above unjust enrichment amounting to KRW 557,730 and delay damages.

B. Article 25(2) of the Road Traffic Act provides that “When the driver of any motor vehicle intends to turn to the left at the intersection, the driver of any motor vehicle shall go slowly along the intersection along the median line of the road and turn to the left at the center of the intersection.”

In light of the situation of the accident in this case and the location of each vehicle and the degree of collision, which can be known by the evidence mentioned above, the accident in this case is the accident in this case.