1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

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

B. At around 20:00 on January 13, 2016, C, the driver of the Plaintiff’s vehicle, was too heavy while driving along the second-class highway located in the Yadong-dong, and the driver of the Plaintiff’s vehicle moved across three-lanes from the point of the second-class expressway 17.95km, such as the brief map in the site of the accident.

In the latter process, the plaintiff's vehicle was shocked by the defendant's vehicle in the middle of the second-class highway, and due to this traffic accident, D, the driver of the defendant's vehicle, suffered the injury, such as the upper part of the first-class part of the right-hand side, which requires treatment for about 4 weeks.

C. On February 3, 2017, C was sentenced to a fine of one million won as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Suwon District Court’s Ansan Branch on February 3, 2017. The judgment was finalized on February 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, 17, 18, 19 (including paper numbers), Eul evidence Nos. 1, 3, and 4, and the purport of the whole pleadings

2. The plaintiff asserts that since the above traffic accident occurred due to the negligence of the driver of the defendant vehicle who violated the duty of safe driving and the front-down, the defendant, the insurer of the defendant vehicle, is liable to pay the plaintiff the insurance money to the plaintiff and the delay damages.

Even though the driver of the vehicle is not allowed to cross, walk, or walk the road in the course of driving the expressway, the driver of the vehicle in question has passed over three-lanes on the side of the second-class expressway while neglecting such duty of care. In the process, the driver of the vehicle in question caused a traffic accident leading to the defendant's vehicle that had been normally driven while observing the bus line.

Therefore, the above traffic accident is the driver of the plaintiff vehicle.