1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B Village Bus (hereinafter “Defendant”).

B. On February 2, 2017, around 18:15, the Plaintiff’s vehicle stopped temporarily and started again due to the pre-stoping vehicle while driving along the three-lanes of the subway No. 5 subway No. 1 in the subway No. 5 subway Line located in the Gangdong-gu Seoul Metropolitan Government, along the three-lane road in front of the exit. In the process of changing the two-lanes of the Defendant’s vehicle running along the two-lanes of the same road, there was an accident in which the part following the right side of the Defendant’s vehicle and the part leading to the Plaintiff’s left side of the driver’s seat are shocked (hereinafter “instant accident”).

C. On March 16, 2017, the Plaintiff paid insurance proceeds of KRW 4,800,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion that the plaintiff asserted that the accident of this case occurred due to the negligence of the defendant's driver who attempted to change the speed of the vehicle by unfairly overtaking the plaintiff's vehicle which was temporarily stopped, while the defendant asserts that the plaintiff's vehicle was also erroneous in failing to view the right side and the left side in the process of departure after temporary stopping.

3. The driver of any motor vehicle who intends to change course of the motor vehicle shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change (Article 19(3) of the Road Traffic Act), and the following circumstances recognized by the fact of recognition and the evidence mentioned above, namely, the defendant's motor vehicle shall report the plaintiff's motor vehicle temporarily stopping on the three-lane and instruct the right direction late.