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. 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 11:30 on April 2, 2017, the driver of the Defendant vehicle: (a) tried to combine the instant road into the front part of the Defendant vehicle with the front part of the Defendant vehicle in the process of attempting to combine the instant road to the Hansung-dong Public Security Center (hereinafter “instant road”); and (b) shocked the rear parts of the Plaintiff vehicle, who proceeded with the three-lane of the instant road.

C. On May 24, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 8,085,000 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff's vehicle was driving the three-lane of the road of this case after completing the U.S. internship in accordance with U.S. Shin, but the plaintiff's vehicle was shocked to the rear of the plaintiff's vehicle that was normally driven by the defendant's vehicle, so the above traffic accident occurred due to the total negligence of the driver

On the other hand, the defendant asserted that, although the defendant's vehicle was making a bypass to combine the road in this case, the plaintiff's vehicle was negligent in 50% of the above traffic accident since it was in conflict with the defendant's vehicle by making an excessive bypassing with the defendant's vehicle without neglecting the duty of a bypassing.

B. In full view of the circumstances leading up to the occurrence of the foregoing traffic accident, the location of the vehicle at the time of the traffic accident, and the degree of the collision, etc., which can be seen by the evidence revealed prior to the determination, the driver of the Defendant vehicle, in order to avoid drilling with the previous vehicle, shall exercise the duty of care to view the vehicle in front and secure a safe distance, and the normal operation of the other vehicle at the time of the road.