1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Plaintiff.

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On January 21, 2018, the Plaintiff’s vehicle was proceeding in two lanes as of the Seocho-gu Seoul Olympic Winter Games. However, the Defendant’s vehicle running a three-lane change to the two-lane, and immediately changed to the two-lane, and the previous vehicle changed to the one-lane, but the Defendant’s vehicle was also temporarily stopped as of the wind that the previous vehicle stops, and eventually, the part of the front part of the Defendant vehicle was concealed.

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

On March 2, 2018, the Plaintiff paid insurance proceeds of KRW 1,964,800 on the repair cost of the Plaintiff’s vehicle due to the instant accident.

(Exclusion of Self-Payment Amounting to KRW 490,00). [Reasons for Recognition] The fact that there is no dispute, and the purport of Gap's entries in the evidence Nos. 1 to 6 or the whole pleadings.

2. Determination on the cause of the claim

A. According to Article 19(1) of the Road Traffic Act, when the driver of any motor vehicle follows another motor vehicle traveling in the same direction, the driver of any motor vehicle shall secure a necessary distance to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

Meanwhile, according to Article 38(1) of the Road Traffic Act, in cases where the driver of any motor vehicle intends to change course while proceeding in the same direction, he/she shall use his/her hand, direction indicator or light until the act is completed, and according to Article 21(Attachment 2 of the Enforcement Decree of the Road Traffic Act, the motor vehicle that intends to change course while proceeding in the same direction shall operate the direction indicator or light at least 30 meters before reaching the point where the act is to be performed.

According to the facts of recognition, the accident of this case can avoid collision with the vehicle in front of the rapid situation.