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 concluded each automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has concluded each automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On March 5, 2019, at around 20:00, an accident occurred on the right side of the Plaintiff’s vehicle and the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On March 15, 2019, the Plaintiff paid KRW 1,526,160 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 8, 12 evidence, Eul evidence to 1 to 5, the purport of the whole pleadings

2. The plaintiff's alleged vehicle driving along a two-lane between the three-lanes, and the plaintiff's vehicle was passing through an intersection along the intersection depending on the tracks of the said three-lanes. The accident of this case occurred when the defendant's vehicle driving along a three-lane between the three-lanes, entering the intersection and changing the two-lanes rapidly.

Therefore, since the accident of this case occurred due to the total negligence of Defendant vehicle, the Defendant is obliged to pay the Plaintiff the amount of reimbursement equivalent to the repair cost of KRW 1,526,160 and the delay damages from the day following the payment of the repair cost.

3. The evidence, in particular, according to the image at the time of the instant accident, the Defendant’s vehicle, at the time of the said accident, was driving in three lanes among three lanes, and entered the intersection and was passing through the intersection along the intersection along the tracks of the said lane, and the Plaintiff’s vehicle was trying to pass the intersection at the rapid speed of the vehicle and enter the Defendant’s future.

Therefore, the evidence submitted by the Plaintiff cannot be deemed as having caused the instant accident due to the negligence of Defendant vehicle, or there is no other evidence to acknowledge it.

Rather, the instant accident occurred due to the total negligence of the Plaintiff’s vehicle.