1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 2, 3, 6, and 14, Eul evidence Nos. 1 and 5, together with the overall purport of the pleadings.

With respect to the Plaintiff’s Bents (S) 550-wheeled Automobiles (hereinafter “Plaintiff’s Vehicles”), the Defendant is an insurer who has concluded each automobile comprehensive insurance contract with respect to C-owned D 4.5 tons of freight cars (hereinafter “Defendant Truck”).

B. On December 7, 2015, at around 17:04, the Plaintiff’s spouse E driving vehicle caused an accident involving the Plaintiff’s left-hand side of the Defendant’s truck on the fourth-lane road (hereinafter “instant road”) in the direction of Seoul National Highway 47-lane Seoul (IC) located in Jinyang-si, Jin-si (IC) (hereinafter “instant road”).

(hereinafter referred to as the “instant traffic accident”). At the time, the crym dried clear and clear surface.

C. Under the foregoing insurance contract, the Plaintiff paid KRW 258,870 as the medical expenses of Donggman A incurred from the instant traffic accident between January 20, 2016 and January 22, 2016.

2. The plaintiff, the cause of the claim, while the plaintiff's vehicle was driving on the two-lanes of the road in this case, the traffic accident in this case occurred due to the accident where the defendant truck, which changed the vehicle vehicle from four-lanes to three-lanes at the same time, with the driver's breach of duty of safe driving of the plaintiff and the driver of the defendant truck. The plaintiff asserted that the ratio of the defendant truck driver's liability exceeds 50%, and in accordance with the legal principles of subrogation of the insurer, 129,430 won out of the amount he paid by the plaintiff against the defendant (50% of the amount spent by the plaintiff is 129,435 won) and damages for delay.

3. Examining the black image (Evidence A No. 7) of the instant traffic accident on the board, the Defendant truck was shaken at the time of the instant traffic accident, and the Defendant truck was divingd with three-lanes of the instant road.