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 entered into an automobile mutual aid contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On December 20, 2017, around 19:20, the Plaintiff’s vehicle driving three-lanes of the three-lanes of the 509 Do, Seocheon-si, Seocheon-si, 509, from the shooting distance away from the intersection of the Jannam-si, to the small station basin, and when the bus enters a three-lane road on the right side, the vehicle changed the vehicle to the two-lanes to avoid this, while entering the two-lanes, the front part of the Defendant’s vehicle driven behind the two-lanes of the said road as the driver’s seat part of the Plaintiff’s vehicle, and in the process, there was an accident in which E, who is the seat of the Defendant’s vehicle, sustained the injury (hereinafter “instant accident”).

C. From December 28, 2017 to January 17, 2018, the Plaintiff paid insurance proceeds of KRW 546,690,00 in total, with medical expenses and damages (as agreed).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident in this case occurred without the concession of the replacement of the plaintiff's vehicle, and therefore, the defendant's driver's negligence should be calculated as 40%. Accordingly, the defendant asserts that the whole negligence of the plaintiff's driver who attempted to alter the vehicle was caused by the plaintiff's fault.

B. (1) The driver of any motor vehicle whose percentage of negligence is fixed shall not change the course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act), and the driver of the plaintiff motor vehicle is followed by the two-lane in which he/she intends to change.