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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is a mutual aid business operator who has entered into a car insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 14:40 on June 9, 2016, the Plaintiff’s vehicle tried to make a right-hand way while proceeding in the vicinity of the E apartment in the Southern-si, Namyang-si, and stopped behind the front side of the FF vehicle (hereinafter “victimed vehicle”) that was stopped in the atmosphere of the crosswalk signal, but the Defendant’s vehicle driving the two-lane stopped in the front side of the Plaintiff’s vehicle, leading the front side of the Plaintiff’s vehicle, thereby conflicting the damaged vehicle with the Plaintiff’s vehicle being pushed back in the future.

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

The Plaintiff paid KRW 3,700,000 with the repair cost of the Plaintiff’s vehicle, and paid KRW 1,077,690 with the repair cost of the damaged vehicle, and KRW 3,582,790 with the G’s medical expenses on board the damaged vehicle, and KRW 4,060,020 with the H’s medical expenses.

[Grounds for Recognition: Each entry or image of evidence A 1 to 9, each entry of evidence B 1 to 3, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is that the Plaintiff’s vehicle stopped at the rear of the pre-paid vehicle for the rightway after completing the change of the vehicle, but the Defendant’s vehicle failed to stop due to the movement of the pre-paid vehicle, etc. and shocked the rear of the Plaintiff vehicle. Therefore, in light of the fact that the negligence between the Plaintiff’s vehicle and the Defendant’s vehicle occurred, and the Defendant paid medical expenses for the Plaintiff’s driver without any particular objection, the error ratio is reasonable.

B. The Defendant’s assertion that the instant accident occurred due to the sudden fault of the Defendant’s vehicle, which occurred by overtaking the Defendant’s vehicle at a one-lane and driving ahead of it in the real line where the change of lanes is prohibited.

(c) all determinations;