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 entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to C-Vehicles (hereinafter “Plaintiffs”). The Defendant is the owner of D-si (hereinafter “Defendant”), and the user of E who drives the said taxi.

B. On November 1, 2018, around 02:14, the driver of the Plaintiff’s vehicle, while driving at a speed of about 160 km at a speed of about 160 km, one of the four-lanes leading to H from the edge of the station road in front of G located in Seocho-gu Seoul, Seocho-gu, Seoul, the driver of the Plaintiff’s vehicle did not discover the Defendant’s vehicle that changed from the four-lane of the said road to the one-lane, such as the summary map at the scene of the accident, and did not change the course from the four-lane to the one-lane part of the front part of the Plaintiff vehicle.

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

On November 22, 2018, the Plaintiff returned KRW 18,500,000 from Company I to the proceeds from the sale of the remainder of the Plaintiff’s vehicle, and paid KRW 86,60,000 to the Plaintiff’s driver on December 11, 2018 according to the instant insurance contract.

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

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the instant accident occurred by the negligence of the Plaintiff’s driver who violated the duty of safe driving and the method of career change, and that the negligence of the Defendant’s driver who violated the duty of safe driving is determined at 40% by the negligence ratio of the Defendant

Since the Plaintiff acquired by subrogation the right to claim damages against the Defendant by the Plaintiff’s driver pursuant to Article 682(1) of the Commercial Act, the Defendant is obligated to pay to the Plaintiff the amount of KRW 27,240,000 insurance money = KRW 68,100,000 (i.e., KRW 86,60,000 - proceeds from the sale of remaining articles 18,50,000) x (40% of the proceeds from the sale of remaining articles) and damages for delay.

B. The main point of the Defendant’s assertion is the Plaintiff’s vehicle, which was followed in the event that the Defendant’s vehicle completes the change of the lane.