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. Facts of recognition;

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

B. On December 14, 2017, around 21:15, the Plaintiff’s vehicle, while driving along the two-lane road in front of the C Building, had a conflict between the fronter and the fence of the Defendant’s vehicle, which changed the two-lane from the two-lane to the one-lane, and the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On January 16, 2018, the Plaintiff paid insurance proceeds of KRW 4,662,700 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the accident of this case occurred by the former negligence of the driver of the defendant vehicle who rapidly changed the vehicle into one lane in order to make an illegal internship in a two-lane, while the defendant asserts that the driver of the plaintiff vehicle also did not yield the course by finding the defendant vehicle who tried to change the lane in the slowly, and by lowering the speed, the driver of the vehicle of this case is at least 40%, and the fault rate is at least 40%.

3. The following circumstances acknowledged by the above facts of recognition and the evidence mentioned above, namely, ① in the case of changing the lane, the surrounding situation should be carefully examined so as not to impede the normal passage of other vehicles entering the same direction at the same lane (Article 19(3) of the Road Traffic Act), Defendant vehicle attempted to change the lane without sufficient distance with the Plaintiff’s vehicle going directly from the rear bank. ② At the same time, Defendant vehicle was working on the direction of the left side at the time of the accident.