1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 1, 2017, at around 12:35, the Plaintiff’s vehicle was proceeding behind the Defendant’s vehicle, which was driven by the Defendant’s vehicle traveling along a one-lane road in the vicinity of the steering patrol box at the Namyang-si, Namyang-si, the instant vehicle attempted to overtake the Defendant vehicle to the right-hand space of the said road, and the front front front part of the Defendant’s vehicle, which returned to the center of the road, was shocked by the Plaintiff’s seat side of the vehicle.

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

On December 28, 2017, the Plaintiff paid the insurance proceeds of KRW 5,583,000 at the repair cost of the Plaintiff’s vehicle.

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

2. The plaintiff's assertion and judgment

A. The Defendant’s allegation that the Defendant’s vehicle operated the direction-setting for left-hand turn to enter the parking lot to the left-hand side of the running direction, and sent a signal to the Plaintiff’s vehicle to overtake the Plaintiff’s vehicle to the right-hand side.

Accordingly, the Plaintiff’s vehicle attempted to overtake to the right side of the Defendant’s vehicle, and the instant accident occurred because the Defendant’s vehicle is bypass to the direction direction, etc., leading the Plaintiff’s vehicle to the opposite direction.

Therefore, the instant accident occurred due to the negligence of the Defendant vehicle driver, or at least the negligence of the Plaintiff vehicle driver and the Defendant vehicle driver, and the instant accident occurred due to the competition between the negligence of the Plaintiff vehicle driver and the Defendant vehicle driver. Therefore, the Defendant, the insurer of the Defendant vehicle, is obliged to pay the Plaintiff, who is the insurer

B. Determination