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 concluded a comprehensive automobile insurance contract with respect to AMW 320d vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Defendant vehicles”).

B. On December 3, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on and around December 12:46, 2016, and proceeded along two lanes near the Office of Education located in Suwon-gu, Suwon-si along the two-lanes of the five-lane film shooting distance from the boundary of the educational building. However, the Defendant’s vehicle, which was proceeding on the three-lanes, attempted to change the vehicle along the two-lanes, led to the left side of the Plaintiff’s vehicle to the front side of the Plaintiff’s vehicle.

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

On December 22, 2016, the Plaintiff paid KRW 1,688,700 insurance proceeds to Lee Jae-chul, Inc., Ltd. on December 22, 2016 due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1, Gap evidence 3-1, 2, Eul evidence 2, and Eul evidence 2 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (i) The instant accident was caused by the driver of the Defendant’s vehicle who did not turn on the direction direction, etc. while cutting the vehicle. The driver of the Plaintiff’s vehicle was unable to predict the sudden breakdown of the Defendant vehicle.

Therefore, the instant accident occurred due to the total negligence of the driver of the Defendant vehicle, and thus, the driver of the Defendant vehicle is liable to compensate the insured for damages caused by the instant accident. For the insured, the Plaintiff paid the insurance money of KRW 1,688,700 to the insured for the repair cost of the Plaintiff vehicle due to the instant accident, thereby acquiring the insured’s claim for damages against the Defendant driver by subrogation as stipulated by Article 682 of the Commercial Act

Therefore, the insurer of the Defendant vehicle is the insurer.