1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On February 15, 2018, around 16:25, 2018, the Plaintiff’s vehicle waiting along with the front line to the intersection in front of the F department stores in Gangnam-gu Seoul, Seoul, and obtained the traffic police’s number signal, and transferred the course to the left side of the right side of the vehicle, the front part of the Defendant’s vehicle, which changed the course from the right side to the left side of the vehicle after the right side before the Plaintiff’s vehicle, was shocked into the right side part of the Plaintiff’s vehicle.

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

On May 3, 2018, the Plaintiff paid KRW 4,280,000 as insurance money after deducting KRW 500,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 to 5, or the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to the Defendant’s negligence on the front side of the Defendant’s vehicle, inasmuch as the Defendant’s vehicle, who was making a sudden change in the lane while the Plaintiff’s vehicle was making a right-hand normally by using the left side of the right-hand lane pursuant to the reception of the traffic police station, was negligent in performing his duty at the front side and caused the Plaintiff’s vehicle.

Therefore, the defendant is obligated to pay 4,280,000 won and damages for delay, excluding self-charges, out of the insurance money paid by the plaintiff to the plaintiff.

B. Although the instant accident occurred while the Defendant’s vehicle was normally bypassing the Defendant’s vehicle on the right-way lane, the instant accident occurred while the Plaintiff’s vehicle attempted to wrongfully by overtaking the Defendant’s vehicle. Thus, the instant accident is the front part of the Plaintiff’s vehicle.