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. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On November 14, 2014, around 09:19: (a) around 14, 2014, there was an accident in which the part of loading on the right side of the Defendant’s vehicle that was circumvented to the same direction as the Plaintiff’s vehicle on the left-hander and the left-hand side of the Plaintiff’s vehicle seeking to enter as a bypass from the back-way side where the vehicle’s line is not divided in the direction near the exit No. 14 of the entrance area of the 2nd, Dongjak-gu Seoul Metropolitan Government.

C. On April 21, 2016, the Plaintiff paid insurance proceeds of KRW 1,614,100 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred in the course of the Defendant’s vehicle overtaking the Plaintiff’s vehicle prior to a place in which the Defendant’s vehicle is prohibited from overtaking and attempting to make a right-hand way. As such, the instant accident is an accident caused by the Defendant

Therefore, the defendant is obligated to pay to the plaintiff 1,614,100 won for indemnity and damages for delay.

B. The following circumstances acknowledged prior to the determination, namely, the instant accident site is a narrow side of the width without the difference between the two lines. Although the Defendant’s driver should check the progress of the Plaintiff’s vehicle moving to the same direction in the front direction and attempted to make a right-hand by unfairly entering the left side of the Plaintiff’s vehicle despite having to do so, the Plaintiff’s driver attempted to make a right-hand by unfairly entering the left side of the Plaintiff’s vehicle. If the Plaintiff’s driver enters the road as a right-hand side of the road by moving to the right-hand side of the road, despite having to enter the right-hand side of the road.