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

B. On January 5, 2016, at around 05:48, the Defendant’s vehicle driven along the two lanes near the waterways of the highway and the intersection, and entered the unclaimed vehicle that was driven in front of the Defendant’s vehicle and the Plaintiff’s vehicle that was driven along three lanes from the right side of the Defendant’s vehicle, with the front side of the Defendant’s vehicle and the rear part of the front side of the driver’s seat of the Plaintiff’s vehicle, while attempting to change the lane into a three-lane.

(hereinafter referred to as “instant accident”). C.

On January 15, 2016, with respect to the instant accident, the Plaintiff paid KRW 680,200 as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 2 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the party's assertion is that the accident of this case occurred on the wind that the defendant's vehicle driven behind the plaintiff's vehicle rapidly changes the lane. Thus, the defendant asserts that the defendant should pay the plaintiff the total amount of the insurance money paid by the plaintiff as the indemnity amount and the damages for delay.

In this regard, the defendant asserts that the negligence of the driver of the plaintiff vehicle who did not yield the course to the defendant vehicle is about 40% because the defendant vehicle used direction direction, etc. at the time and changed the lane.

B. The following circumstances, which are acknowledged by comprehensively taking into account the overall purport of the arguments on the evidence mentioned above, namely, the Defendant’s vehicle’s change of the lane through a narrow space between the Defendant vehicle and the Plaintiff’s vehicle at a very rapid speed, and subsequently the Defendant’s vehicle overtakens the Plaintiff’s vehicle, and at the time the Defendant’s vehicle instructed the direction.