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

B. On October 23, 2015, around 18:10 on October 23, 2015, the Plaintiff’s driver drivened the Plaintiff’s vehicle and proceeded with one lane among the three-lane roads located in Seocho-gu Seoul, Seocho-gu, Seoul, and the Defendant’s driver, who was driving along the two-lanes in the same direction, did not turn on the direction direction, etc., and changed the vehicle to the one-lane on the left side of the Defendant’s left side, there was an accident in which the part of the back wheeler’s upper right side and the front right side of the Plaintiff’s vehicle face (hereinafter “instant accident”).

C. On October 30, 2015, the Plaintiff paid KRW 349,900 to the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff asserts that the instant accident occurred in the course of a sudden change of the vehicle in a situation where the Defendant’s vehicle did not turn on the direction direction direction, etc., and that it was caused by the entire negligence of the Defendant’s driver.

(2) Accordingly, in order to avoid the sudden stop of the previous bus, the defendant's driver of the vehicle was inevitably changed to one lane, and the driver of the plaintiff's vehicle who was travelling along the vehicle behind the defendant's vehicle could be fully aware of this situation, and thus, the plaintiff's driver could have been defended in order to prevent the collision with the defendant's vehicle. Since the plaintiff's driver failed to avoid the accident in this case due to his neglect of the duty of safety driving, the driver's negligence of the defendant's driver is to exceed 50% in consideration of the negligence of the plaintiff's driver.