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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the D vehicle owned by C and C (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract for the E vehicle (hereinafter “Defendant vehicle”).

나. C은 2019. 11. 24. 15:23경 원고 차량을 운전하여 서울 은평구 녹번동 역촌역 부근 편도 3차로 가운데 1차로에서 2차로로 차로를 변경하다가 다시 1차로로 들어서던 중 원고 차량을 추월하여 나아가던 피고 차량의 오른쪽 뒷부분과 원고 차량의 왼쪽 앞부분이 부딪혀 오른쪽으로 튕겨나가면서 2차로를 따라 나아가던 버스와 부딪히는 사고를 당하였다

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

On January 6, 2020, the Plaintiff paid the remainder of KRW 1,681,00,000, out of KRW 2,101,000 for the repair cost of the Plaintiff’s vehicle as the insurer for the Plaintiff’s vehicle, which is the remainder of KRW 1,681,00 for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 9, Gap evidence 11, Eul evidence 1 to Eul evidence 3, and the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion occurred due to the Defendant’s negligence, and the Plaintiff, as an insurer of the Plaintiff’s vehicle, paid the repair cost of the Plaintiff’s vehicle and exempted the Defendant from liability, the Defendant is obligated to pay the Plaintiff the amount equivalent to the insurance money paid by the Plaintiff pursuant to Article 682 of the Commercial Act with the indemnity.

B. The following circumstances, which are acknowledged by comprehensively taking account of the descriptions of evidence Nos. 3 through 9 and evidence Nos. 1 through 3 as well as the overall purport of the pleadings, namely, ① in light of the shock of the Plaintiff’s vehicle and the Defendant’s vehicle in front of the Plaintiff’s vehicle, the Plaintiff’s vehicle appears to have returned to the first lane; ② in view of the impact on the Plaintiff’s vehicle and the Defendant’s vehicle, C returned to the first lane while entering the second lane.