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

B. On September 9, 2016: (a) around 05:55, the 3rd line road in front of the entrance road in front of the entrance road in the Seogdong, Seongbuk-gu, Seoul (hereinafter “instant road”) led the Plaintiff’s vehicle to the road in front of the entrance road in front of the entrance road (hereinafter “instant road”), and the Defendant’s vehicle in front of the instant road was driving ahead of it to the two-lanes in front of the instant road, while driving the vehicle in front of the instant road, the vehicle in front of the instant road was driving along the two-lanes in front of the instant road, and the direction direction, etc. was not operated in the direction direction, etc. in the front line of the instant vehicle in front of the Plaintiff’s vehicle in front of the instant vehicle (hereinafter “instant accident”).

C. On September 20, 2016, the Plaintiff paid the insurance proceeds of KRW 903.300, after deducting self-charges under the pretext of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion does not turn on the direction direction direction etc. in the section prohibiting the alteration of the vehicle, but occurred from the whole negligence of the Defendant’s driver who changed the vehicle in an unreasonable manner, and the Defendant is obliged to pay the Plaintiff the insurance money of KRW 903,300 paid by the Plaintiff at the repair cost of the Plaintiff’s vehicle and the damages for delay.

(2) The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s total negligence on the part of the Plaintiff’s driver who contacted the Defendant’s vehicle in transit while the Plaintiff’s vehicle was making a big round, and thus, the Plaintiff’s claim

B. (1) The driver of any motor vehicle shall be the driver of any motor vehicle in accordance with Article 19 (3) of the Road Traffic Act.