1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a taxi company that is the owner of Csi (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a motor vehicle insurance contract with respect to D Truck (hereinafter “Defendant”).

B. On November 28, 2017, around 10:12, the Plaintiff’s vehicle driven at a speed of 105 km from the entrance of the Samsung Industry Tunnels, which is the second in the vicinity of the Manan-gu Mann-si, Annyang-si, Annyang-si, at a speed of 105 km per hour, at the entrance of the Samsung Industry Tunnels. However, the Defendant’s vehicle driving on the two-lane has turned into one lane in the front of the Plaintiff’s own vehicle (at that time, the front side of the Defendant’s vehicle runs across two-lanes). Accordingly, in order to avoid collision with the Defendant’s vehicle, the Plaintiff’s vehicle driven into three-lane and the rear part of the Plaintiff’s vehicle conflict with the latter part of the E and the latter part of the Plaintiff’s vehicle.

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

On December 1, 2017, the Plaintiff paid KRW 587,530 at the repair cost of the Plaintiff’s vehicle, and incurred a loss of KRW 88,840 during the repair period of two days.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 and the purport of the whole video and pleading

2. Determination on the cause of the claim

A. According to Article 21 of the Road Traffic Act with regard to the instant accident, the driver of any motor vehicle shall pass along the left side of the motor vehicle running ahead of the other motor vehicle (paragraph (1)), and where the driver of any motor vehicle passing ahead of the motor vehicle traveling slowly or stops, he/she may pass along the right side of the motor vehicle traveling ahead (paragraph (2) and the driver of any motor vehicle intending to pass ahead shall pay due attention to the traffic in front of the motor vehicle traveling ahead of the other motor vehicle traveling ahead, and pass ahead at a safe speed and in a safe manner, such as using the direction indicator, lights or horn, in consideration of the speed and route of the motor vehicle traveling ahead and the road conditions.

(3) However, according to the above fact of recognition, even if the Plaintiff’s vehicle is not a vehicle driven or stopped at the time, the Defendant’s vehicle violates the above provision.