1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

On February 28, 2018, at the time of the accident, the Plaintiff’s vehicle in the situation of collision, as the Seoul Seocho-gu Seoul place around 01:50 on February 28, 2018 at the time of the accident, is proceeding on the fourth-lane between the airport side of the road of this case and the four-lane between the driver of another vehicle and the driver of the vehicle in the front of the Plaintiff vehicle, and changed the course from the fourth-lane to the third-lane, and then the latter end of the E vehicle and the latter end of the Plaintiff vehicle paid the mutual aid amount of KRW 4,545,210.

B. The judgment of the first instance court determined that the instant accident occurred due to the total negligence of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2 evidence, Eul 1 each entry and video

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident was caused by the competition between the Defendant’s vehicle’s failure to stop on an expressway, etc. as provided in Article 64 of the Road Traffic Act, or the negligence of violating the duty to take measures such as the failure as provided in Article 66 of the Road Traffic Act, and the fault ratio of the Defendant’s vehicle is 70%. 2) The instant accident occurred solely by the Plaintiff’s fault since the instant accident occurred when the Plaintiff’s vehicle driven on the fourth lane of the instant four lanes and finds out the Defendant’s vehicle parked in front and changed its course to the third lane and then reduce the speed. Thus, the instant accident was entirely caused by the negligence of the Plaintiff vehicle.

B. Even if the Defendant’s vehicle committed negligence as alleged by the Plaintiff, there is no evidence to deem that such negligence of the Defendant’s vehicle caused the instant accident.

Rather, according to the video of Eul evidence No. 1, the driver of any motor vehicle in accordance with Article 19 (4) of the Road Traffic Act shall temporarily stop or stop the driver's vehicle unless it is necessary to prevent danger and other unavoidable circumstances.