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

B. On July 22, 2017, at around 10:22, the Plaintiff’s vehicle driven along one lane on the third line road of the International U.S. Do apartment located in the U.S. Gwangju Mine-dong (hereinafter “instant road”). While the Defendant’s vehicle driven along the two-lanes of the instant road, the Plaintiff’s vehicle driven along the two-lanes of the instant road and changed its course into one-lanes, and the Plaintiff’s vehicle destroyed the Plaintiff’s vehicle by collisioning the right side of the Plaintiff’s vehicle into the front part of the left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On August 30, 2017, the Plaintiff paid insurance proceeds of KRW 10,179,010 (= KRW 2,560,000) in total as repair cost of the Plaintiff’s vehicle (= KRW 7,619,010).

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to the previous negligence of the Defendant’s driver of the Defendant’s vehicle who changed the course from the two lanes to the one-lane one, and as the Plaintiff’s driver was unable to anticipate the change of the course of the Defendant’s vehicle or avoid the collision, the Defendant is obliged to pay the Plaintiff the entire repair cost paid by the Plaintiff who acquired the Plaintiff’s right of compensation by subrogation as the reimbursement

B. The Plaintiff’s vehicle is in conflict with the Defendant’s vehicle in the process of discovering and accelerating the vehicle from the opposite side, without making the left turn at a one-lane, and passing through the intersection and passing through the intersection (the vehicle corresponding to the two-lanes in the part where the Plaintiff’s vehicle runs). As such, the Plaintiff’s negligence on the Plaintiff’s driver should be considered in relation to the occurrence of the instant accident.

3. Determination

(a) Murder, as recognized in the above basic facts;