1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

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

B. On January 19, 2018, around 08:00, the Defendant’s vehicle stops in the two-lanes on the roads near the Gwangjudong Station in Seoul Special Metropolitan City, Nowon-gu. However, the Plaintiff’s vehicle operating the first-lane changed rapidly into the second-lane, and the Defendant’s vehicle proceeding without finding a rapid change of the vehicle, resulting in an accident where the front side of the Plaintiff’s vehicle and the front part of the Defendant’s vehicle shocked (hereinafter “instant accident”).

C. On January 31, 2018, the Plaintiff paid insurance proceeds of KRW 2,316,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence Nos. 1 to 3, or the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The driver of the defendant vehicle, who is the plaintiff's assertion, neglected his duty of care to check the front side and the left side of the vehicle but failed to discover the plaintiff's vehicle that is in progress on the same lane, and caused the accident in this case. Since it is reasonable to 100% of the negligence of the driver of the defendant vehicle, the defendant who is the insurer of the defendant vehicle, is liable to pay the plaintiff the insurance money 2,316,000 won and damages for delay thereof paid to the plaintiff. 2) The accident in this case occurred by the plaintiff's vehicle's entry into the front side of the defendant vehicle by fulfilling his duty of care after the driver gets the passenger on the second lane. It is 10% of the negligence of the plaintiff vehicle.

B. The driver of any motor vehicle shall be the driver of any motor vehicle in accordance with Article 19(3) of the Road Traffic Act.