1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

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

B. On October 28, 2014, at around 12:25, C driving the Plaintiff’s vehicle and straighted along one lane among five-lane roads located in Mapo-gu Seoul Metropolitan City, Mapo-gu, the lower part on the left side of the Defendant’s vehicle, which changed from the same two-lane to one-lane, was shocked into the right side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On January 29, 2015, the Plaintiff paid KRW 478,000 insurance money to the owner of the Plaintiff’s vehicle in relation to the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, and the purport of whole pleading

2. The parties' assertion;

A. The driver of the Defendant vehicle alleged by the Plaintiff did not properly look at the movement of the Plaintiff vehicle in a normal way at the rear side of the first lane, and did not change the Plaintiff vehicle from the second lane to the first lane. The instant accident occurred entirely due to the negligence of the Defendant vehicle driver.

Therefore, the Defendant, as the insurer of the Defendant vehicle, is obligated to pay the Plaintiff the amount of damages equivalent to the insurance proceeds, KRW 478,000, and delay damages therefrom, to the Plaintiff who acquired by subrogation the claim for damages from the Plaintiff

B. Since the Defendant’s negligence, such as neglect of duty and failure to secure safety distance, etc., on the part of the driver of the Plaintiff vehicle, the negligence should be considered in determining the amount of damages.

3. Determination

(a) No driver of any motor vehicle shall change course when it is anticipated to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course (Article 19 (3) of the Road Traffic Act);

After the occurrence of the instant accident, the location of the Plaintiff’s vehicle and the Defendant’s vehicle stopped, and the shock level of the Plaintiff’s vehicle and the Defendant’s vehicle.