1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

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

B. On April 5, 2019, around 18:20, the Plaintiff’s vehicle was placed in the two lanes on the three-lane road near the Yongsan-gu E parking lot in Yongsan-gu, Seoyang-si. However, the Defendant’s vehicle was entering the two-lane from the left side to the second-lane, and the Plaintiff’s vehicle was shocked on the left side of the Plaintiff’s vehicle.

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

On May 3, 2019, the Plaintiff paid KRW 4,505,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 7, Eul evidence 3 and 4, video, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident of this case is not caused by the plaintiff's fault since the defendant's vehicle entered the left side and shocked the plaintiff's vehicle, while the plaintiff's vehicle was normally straight along the two-lanes.

(2) As to this, the Defendant asserts that there was negligence of the Plaintiff’s vehicle on the ground that the Plaintiff’s vehicle neglected the duty of front-time care, as well as the occurrence of the instant accident.

B. (1) Determination is based on the following circumstances that can be recognized by comprehensively taking account of the evidence stated in the basic facts: (i) the Defendant vehicle entered a two-lane, not a one-lane on the left side of the place where the instant accident occurred; (ii) the unreasonable entry of the Defendant vehicle appears to have a direct cause for the instant accident; and (iii) the Defendant vehicle has a duty of care to safely drive the instant vehicle by fulfilling its duty of care to ensure that it does not conflict with other vehicles if it enters the road on the left side of the left side of the road; and (iv) the Plaintiff vehicle enters the instant road without speed.