1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. As to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B/O (hereinafter “Defendant’s vehicle”).

B. On September 24, 2016, at around 23:20 on September 24, 2016, C, while driving the Plaintiff’s vehicle, driving the Defendant’s vehicle, driving the vehicle, and driving the vehicle on the side of the opposite lane in the opposite lane by using the three-lane road in the direction of the Hannam-gu Daejeon-gu, Daejeon along the Hannam-gu, the right-hand left-hand turn is added from the Hannam-gu, and changing the way to the one-lane to the Hannam-gu, the vehicle, driving the vehicle, which had already entered the opposite lane from the Plaintiff’s vehicle to the left-hand left-hand one, and continuously filled the F vehicle parked on the opposite lane

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

On December 13, 2016, the Plaintiff paid KRW 52,950,00 as the repair cost of the Plaintiff’s vehicle, and KRW 3,408,70 as the repair cost of the F vehicle on December 5, 2016.

【Fact- without dispute over the ground for recognition】 The evidence Nos. 1 through 3, Gap evidence No. 6-1, and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The parties’ assertion (i) although the Plaintiff’s vehicle was changing the Plaintiff’s normal lane, the instant accident occurred while the Defendant’s vehicle subsequently driven the Plaintiff’s vehicle after overtaking the Plaintiff’s vehicle according to the safety place on the left-hand side. The ratio of liability between the Plaintiff’s vehicle and the Defendant’s vehicle is reasonable to be determined at 30:70. As such, the Defendant should pay to the Plaintiff the amount of KRW 39,451,090 (=56,358,700 x 70%) and damages for delay.

(2) The Defendant’s vehicle was entering a one-lane for left-hand turn, but the Plaintiff’s vehicle was making a sudden change in the course, and the Defendant was not negligent in the instant accident.

(b) The oral pleadings are made in the descriptions and images of Gap evidence 2, 3, 4-1, 2, and 7-11 to 14.