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. With respect to A vehicle (hereinafter referred to as “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 17, 2017, around 19:15, an accident that conflicts between the Plaintiff’s vehicle and the Defendant’s vehicle (hereinafter “instant accident”) was occurred in the vicinity of the High Village Kimpo-si, Kimpo-si.

C. On January 31, 2017, the Plaintiff paid KRW 5,445,00 as the repair cost of the Plaintiff’s vehicle (including KRW 200,000,000) for the instant accident.

[Grounds for recognition] The items of evidence Nos. 1 and 6 and the purport of the whole pleadings.

2. The plaintiff asserts that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle who concealed the plaintiff's vehicle behind the plaintiff's vehicle which was driven by the body of the defendant while trying to change the lane in a unreasonable manner, the defendant asserts that the accident in this case occurred due to the concurrence of the plaintiff's vehicle in the direction where the defendant's vehicle was driven directly and normally while driving normally.

3. Determination

A. In light of the following circumstances revealed by comprehensively taking account of the respective descriptions and images set forth in the evidence Nos. 2 and 5, it is reasonable to view that the instant accident was caused by the negligence between the Plaintiff’s driver and the Defendant’s driver, and that the negligence ratio was 30% of the Plaintiff’s driver and 70% of the Defendant’s driver.

0 The Plaintiff requested the Plaintiff to submit a black image of the Plaintiff’s vehicle so that the Defendant can accurately understand the driving status of the Plaintiff’s vehicle prior to the occurrence of the instant accident, but did not submit it.

However, considering the main tracing of the vehicle prior to the Plaintiff’s vehicle, the driving direction of the Defendant’s vehicle immediately after the instant accident and the tracing of the vehicle that passed on the right side of the Plaintiff’s vehicle, the vehicle in question has a width to the extent that the two costs of the vehicle can pass.