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. Basic facts

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

B. (1) On November 18, 2018, the Plaintiff’s vehicle was proceeding one-lane of the four-lanes of the Southern Sea Highway from the JiIC room around 20:50, and the Defendant’s vehicle was proceeding two-lanes. In this case, the Plaintiff’s vehicle and the Defendant’s vehicle are driving ahead of the two-lanes. (2) At this time, the instant accident occurred, and the Plaintiff’s vehicle and the Defendant’s vehicle are asserting that the instant accident occurred due to the change of the other party’s lane.

C. On January 21, 2019, the Plaintiff paid KRW 5,042,00 as insurance money after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6 to 10, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the accident in this case occurred while overtaking the Plaintiff’s front vehicle, which was driven by the Defendant’s vehicle driving ahead of the two lanes, and changing the vehicle to one lane. As such, the Defendant asserted that the accident in this case is an accident caused by the negligence of the Defendant’s vehicle. In response, the Defendant asserted that the Plaintiff’s vehicle was at the time of the accident in this case, while driving the two lanes, while driving the Plaintiff’s vehicle with the first lane, and the accident in this case occurred. Therefore, the Plaintiff’s main negligence on the part of the Plaintiff’s vehicle.

B. According to the overall purport of each of the images and arguments shown in Gap evidence Nos. 3, 4, and 11 and Eul evidence Nos. 1 (accidentd video submitted by both the plaintiff and the defendant), the accident in this case occurred by the plaintiff's vehicle running along one lane on the right side of the four-lane parallel, who gets involved in the second line along the defendant's vehicle.