1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

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

B. On March 5, 2016, at around 13:40, the Defendant’s vehicle stopped on the three lanes to four lanes in front of the Busan Bupyeong Station (hereinafter “instant road”), and the front part of the Plaintiff’s vehicle departing from the fourth lane, which was the front part of the left side of the Plaintiff’s vehicle.

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

On May 4, 2016, the Plaintiff paid insurance proceeds of KRW 1,035,565 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, which can be acknowledged by the evidence and evidence set forth in subparagraph 2, part of the evidence set forth in subparagraph 2, and the purport of the argument, are as follows: ① the Defendant asserted that the Plaintiff’s vehicle was parked in the fourth lane and the Defendant’s vehicle was changed to the fourth lane after the Plaintiff’s vehicle was stopped in the fourth lane, and the instant accident occurred, which led to the Plaintiff’s fault. However, the Defendant’s vehicle was at a higher level. However, the Defendant’s vehicle driven in the middle line before the point of the instant accident at which the instant accident occurred by changing the lanes from the two lanes to the fourth lane. ② The instant accident site was located along the lanes between lanes, and it is prohibited from changing the course. However, the Defendant’s vehicle changed the lanes from the second to the fourth lane even in the section where the instant accident occurred, and the Plaintiff’s vehicle stops in an emergency at the fourth lane and stops again at the time of the instant accident.