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 concluded a comprehensive motor vehicle insurance contract with respect to the Brober vehicle owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a motor vehicle insurance contract with respect to C (hereinafter “Defendant”).

B. On August 12, 2015, around 11:50, the Plaintiff’s vehicle is proceeding along one lane among the four-lanes in the two-lanes in the two-lanes of the metropolitan Mapo-gu Seoul Metropolitan Government Bridges. The Defendant’s vehicle proceeding along the two-lanes in the same direction was rapidly changed to the one-lanes, and the Defendant’s vehicle contacted the Plaintiff’s right side on the left side of the Defendant’s vehicle, thereby impairing the Plaintiff’s right side (hereinafter “instant accident”).

C. On August 27, 2015, the Plaintiff paid KRW 3,340,00 at the repair cost of the Plaintiff’s vehicle, and KRW 2,464,00 at the rental cost for the Plaintiff’s vehicle repair period on October 8, 2015 (=224,000 per day x 11 day for repair period).

[Ground of recognition] The descriptions of Gap evidence 1 to 7, Eul evidence 2 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion that the accident in this case occurred due to the negligence of the driver of the Defendant vehicle who neglected his duty of care in the front line, thereby rapidly changing the front line, and thus, the Defendant, the insurer of the Defendant vehicle, is obliged to pay the Plaintiff the insurance amount of KRW 5,804,00 (= KRW 3,340,000 for the repair cost of the Plaintiff vehicle and KRW 2,464,00 for the rental cost of KRW 2,464,00 for the delayed payment) and damages for delay.

The defendant asserts that the negligence that the driver of the plaintiff's vehicle did not yield to the defendant's vehicle is the main cause of the occurrence of the accident in this case, and that only the right side of the plaintiff's vehicle has contacted with only the part of the right side of the plaintiff's vehicle.

B. Determination