1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for the Plaintiff’s AB vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is a mutual aid contractor who has entered into a mutual aid agreement for large cargo vehicle C (hereinafter “Defendant”).

B. On December 1, 2015, the Plaintiff paid KRW 12,538,000 as the repair cost of the Plaintiff’s vehicle to A with respect to the following accidents (hereinafter “instant accident”).

On September 16, 2015, the date and time of the accident: A road accident in the vicinity of the Dongwon-si, Dongwon-si, Dongwon-si: The driver of the defendant vehicle caused the damage from the left side of the plaintiff vehicle to the front side of the vehicle by neglecting the plaintiff vehicle that entered the two-lanes of the two-lanes of the two-lanes of the two-lanes while passing through the Dongwon-si ICT at the above location and changing from the road along the two-lanes to the right side of the road.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 5 and 6 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition of the occurrence of liability for damages and the limitation of liability, the instant accident is a situation where the lanes are narrow in the section of the road immediately after passing through the IC of the same orchard, and thus, the risk of collision with other vehicles is high, in changing the lanes to the right-hand side, the Defendant vehicle driver’s fault who has changed the lanes without sufficiently examining the progress of the Plaintiff vehicle, which is a prior vehicle, while violating the occupational duty of care to check the movement of the vehicle on the right-hand side in the course of changing the lanes to the right-hand side and driving safely by checking the movement of the front and rear side vehicle as well as the front and rear side vehicle, because there is a high possibility of collision with other vehicles in the road consolidation section as above.