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 insurance contract with A with respect to B vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to CPoter II trucks (hereinafter “Defendant vehicle”).

B. Around 14:00 on January 15, 2018, the driver of the Defendant vehicle driven the Defendant vehicle along the three lanes near the Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant road”) and proceeded along the three lanes near the Gangseo-gu D (hereinafter “instant road”). While the vehicle was changed to the two lanes, the driver of the Defendant vehicle shocked the front side of the Defendant vehicle and the front side of the driver’s seat even and the left side side part of the instant road.

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

On February 12, 2018, the Plaintiff paid KRW 712,000 in total to E companies, etc. on the repair cost of Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 4, Gap evidence 2 and 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (i) At the time of the Plaintiff’s assertion, the Plaintiff’s driver was proceeding immediately after completing the change of the vehicle from the first lane to the second lane of the instant road, but the instant accident occurred by changing the vehicle from the third lane to the second lane of the instant road without operating the direction, etc. by the Defendant’s driver. The instant accident occurred due to the previous negligence of the Defendant’s driver.

However, the Plaintiff paid insurance money of KRW 712,00,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident for the insured of the Plaintiff, thereby acquiring the right to claim damages against the Defendant’s driver of the Plaintiff’s vehicle by subrogation under Article 682 of the Commercial Act.

Therefore, the defendant, the insurer of the defendant vehicle, is the insurance money paid to the plaintiff as the indemnity amount.