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 an automobile insurance contract with respect to the D QM6 vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the cargo vehicle (hereinafter “Defendant vehicle”).

B. On May 26, 2018, around 06:30 on May 26, 2018, there was an accident that received the back portion of the left side of the Defendant’s vehicle, which is moving from the two lanes to the right side of the Plaintiff’s vehicle, driving one lane on the upper side of the side of the Plaintiff’s vehicle, driving along the upper side of the lane.

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

On June 5, 2018, the Plaintiff paid KRW 28,770,000 as repair cost with respect to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The accident of this case occurred due to the main negligence of the defendant's vehicle which caused a sudden change of the lane without using the direction, etc., so the plaintiff's negligence is 10%, and the defendant's negligence is 90%. Therefore, the defendant must pay 25,893,00 won of the insurance money paid by the plaintiff and the legal interest thereon and delay damages. 2) At the time of the defendant's allegation, the plaintiff's vehicle was under speed exceeding 20 km/h, and the plaintiff's vehicle was under speed exceeding 20 km/h at the time of the accident of this case, and the plaintiff's vehicle caused the accident of this case by reporting that the defendant's vehicle changed the lane, and it is sufficient that the defendant paid 17,262,000 won which is 60% of the insurance money paid by the plaintiff.

B. In full view of the aforementioned evidence, the instant accident is not always binding upon the Plaintiff’s vehicle driver’s change of the vehicle from the two-lane to the one-lane, without considering the situation of the vehicle running on the one-lane, and the Plaintiff’s change of the vehicle.