1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the statements or images set forth in Gap evidence 1 to 6, Eul evidence 1 and 2.

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. On December 28, 2012, around 15:00, the Plaintiff’s vehicle turned off the iceway from the tunnel near the Jando Office located in the Busan Sea Highway, leading to the Plaintiff’s vehicle following the Plaintiff’s ice ice ice ice ice ice ice gate, which was pushed down by the Plaintiff’s vehicle moving off from the fourth to the fourth lane, and caused an accident in which the part on the left side of the Defendant’s vehicle, which was moving back to the fourth lane, was brought about as the rear part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Plaintiff paid KRW 2,964,370 to A with insurance proceeds from the instant accident.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the overall negligence of the Defendant’s vehicle that was driven by changing the lane from one lane to four lanes in a tunnel where the change of the lane was prohibited, even though it could have sufficiently avoided the Plaintiff’s vehicle by acceleratinging the speed, etc., and thus, the Defendant is obligated to claim to the Plaintiff the above insurance money amounting to KRW 2,964,370, and even if the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle caused the instant accident, even if the negligence of the Plaintiff’s vehicle in domestic affairs competes with that of the Plaintiff’s vehicle, the Defendant is obliged to claim to the Plaintiff money equivalent to the percentage

B. The following circumstances, i.e., the Defendant vehicle, which are acknowledged by each of the evidence mentioned above, are where the change of the vehicle is prohibited, although the inside of the tunnel is the vehicle.