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 concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On April 8, 2017, around 13:20, the Defendant’s vehicle, which was set off on the alleyway near the Ulsan-gu Postal Zone, was an accident that shocks the rear wheels of the Plaintiff’s vehicle to the front gate (hereinafter “instant accident”).

C. On April 27, 2017, the Plaintiff paid KRW 3,505,330 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that the instant accident occurred due to the collision with the rear wheels of the Plaintiff’s vehicle, which was normally driven by the Defendant’s vehicle while going through and bypassing from the alleyway. As such, the Defendant is obliged to pay to the Plaintiff the insurance money paid by the Plaintiff due to the instant accident, KRW 3,505,330, and damages for delay thereof. (2) The instant accident alleged by the Defendant was caused by the Plaintiff’s negligence, which caused the collision between the Plaintiff’s fault in the course of the alteration of the vehicle, and the fault of the Plaintiff’s vehicle to the extent of 40%.

B. 1) Article 19(3) of the Road Traffic Act provides, “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 full view of the evidence as seen earlier, the instant accident should not change its course when it is likely to obstruct normal traffic of other vehicles.”