1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-Vehicles owned by A (hereinafter referred to as “Plaintiff”), and the Defendant is the owner of C-si vehicles (hereinafter referred to as “Defendant vehicle”).

Plaintiff

Around 20:40 on October 9, 2016, when the vehicle was straight along three lanes near the west-dong, west-dong, west-dong, Gwangju Metropolitan City, the defendant's vehicle went away from the west-dong, and the vehicle was rapidly changed from the two lanes to three lanes among the four-lanes, and the part left behind of the plaintiff's vehicle was cut down to the right side of the defendant's vehicle.

(hereinafter “instant accident”). The Plaintiff paid insurance proceeds of KRW 4,794,780 on December 12, 2016 according to the said insurance contract.

[Ground of recognition] The plaintiff's assertion of the parties to the plaintiff's assertion of the purport of Gap's evidence 1 through 5, Eul's evidence 1-1, Eul's evidence 1-2, video, and the purport of the whole oral argument is caused by the unilateral negligence of the defendant's vehicle that made the alteration of the sudden rent in the situation where the plaintiff's allegation of the parties to the plaintiff's assertion was absent from the sub-west underground tea. Thus, the defendant shall pay the plaintiff the whole insurance money

The defendant's assertion that the plaintiff's vehicle was negligent in failing to perform his/her duty of care for safety, such as failure to yield the course despite being aware of the driving situation of the defendant's vehicle. Therefore, the fault ratio of the plaintiff's vehicle is at least 30%.

Judgment

As seen earlier, the fact that the Defendant’s vehicle was involved in the sudden change in order to combine the vehicle with the main road in the situation that the Defendant’s vehicle was absent from the lower-west underground road. Therefore, the instant accident is deemed to have occurred due to the Defendant’s negligence that caused the sudden change of the vehicle, and there is no other circumstance to recognize the Plaintiff’s fault.

Therefore, the defendant paid to the plaintiff KRW 4,794,780, which is the insurance money paid by the plaintiff, and on December 2, 2016, the day following the payment date of insurance money.