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

Plaintiff

On August 29, 2016, the driver of the vehicle proceeded with a back road near the entrance of the Gidong, the Gidong, the return of the vehicle at the time of 14:00, while moving to the left side of the road and continuing to enter the center of the road, and following the vehicle, the front part of the left side of the defendant vehicle to proceed after passing through the plaintiff vehicle was shocked by the front part of the right side of the plaintiff vehicle.

On September 26, 2016, the Plaintiff paid KRW 368,000 insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] The descriptions of Gap evidence 1 to 3, 5, 6, Eul evidence 1 to 4 and the purport of the whole pleadings

2. Summary of both claims;

A. The Plaintiff’s instant accident occurred in order to overtake the Plaintiff’s previous Defendant’s vehicle. Since the Defendant’s negligence is higher than that of the Defendant’s driver, the Plaintiff’s claim for reimbursement equivalent to KRW 294,400, which is 80% of the insurance money paid by the Plaintiff to the Defendant.

B. The instant accident occurred after the Plaintiff’s vehicle moved to the left-hand side beyond the center line, and then the vehicle is sold to the left-hand side of the Defendant’s vehicle beyond the center line, and then the accident occurred due to the Plaintiff’s total negligence.

3. The following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, namely, ① the place where the instant accident occurred, as the road width is narrow, many vehicles parked at the edge of the road, and the center line of the road was rarely crossed off, ② both the Plaintiff and the Defendant were driving along the center line on the road, ③ the Plaintiff’s vehicle was driving ahead of the center line, ③ the Defendant’s vehicle was driving ahead of the center line.