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 A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On April 14, 2017, around 08:00, there was an accident in which the Plaintiff’s vehicle that returned to the three lanes immediately after almost changing the three lanes from the three lanes to the four lanes, among the five lanes of the five lanes in the Southern Winter Zone in Gangnam-gu, Seoul. (hereinafter “instant accident”).

C. On April 26, 2017, the Plaintiff paid the insurance proceeds of KRW 1,98,000 after deducting the self-paid KRW 49,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 evidence, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant vehicle seeking to overtake the Plaintiff vehicle, even though the Plaintiff’s vehicle did not complete a change of course on a four-lane way.

The defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. (1) Article 19(3) of the Road Traffic Act provides that “All drivers of vehicles shall not change their course when it is likely to impede normal traffic of other vehicles running in the direction to which they intend to change their course.”

In light of the situation of the accident of this case and the location of each vehicle and the degree of collision, which can be seen by the evidence mentioned above, the accident of this case turns on the direction direction, etc. in advance, so as not to obstruct the passage of vehicles going in the same direction when changing the lane, and examined the movement of the vehicle.