1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

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

B. On January 3, 2017, around 11:35, there was an accident where the two-lanes of the Defendant’s vehicle left left at the intersection of private distance and left left turn at the intersection near the Bupyeong-gu Incheon Metropolitan City, Incheon, and the two-lanes of the Plaintiff’s vehicle, which was left left at the right side and left left turn at the one-lane of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On January 17, 2017, the Plaintiff paid KRW 2,330,000 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, evidence 5 through 7, Eul evidence 1 and 3, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the former negligence of Defendant’s vehicle whose lane was changed from the left turn. Therefore, the Defendant shall pay 2,330,000 won of the insurance money paid by the Plaintiff to the Plaintiff and damages for delay thereof.

B. (1) Article 25(2) of the Road Traffic Act provides that “When a driver of any motor vehicle intends to make a left-hand turn at the intersection, he/she shall turn to the left at the right edge of the intersection along the median line of the road.” Article 19(3) of the same Act provides that “When the driver of any motor vehicle intends to change his/her course, he/she shall not change his/her course when it is likely to impede normal traffic of other motor vehicles running in the direction of the change.”

(2) Comprehensively taking account of the evidence as seen earlier, the instant accident ought to turn to the left at the intersection along the center line of the road, and should turn to the left at the center of the intersection.