1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence Nos. 1, 3, 4-2, 3-3, Eul evidence Nos. 3-2, 3-3, Eul evidence No. 2, Eul evidence No. 1-1, 2, and Eul evidence No. 1-2, and Eul evidence No. 2.

The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to B Poter II Cargo Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to C Pool (hereinafter “Defendant Vehicle”).

B. On April 29, 2016, around 17:20 on April 29, 2016, the Plaintiff’s vehicle made a left-hand turn to the left-hand turn at the intersection located in the Yacheon-gu, Chuncheon-si, Incheon Metropolitan City.

However, in the case of the Defendant’s vehicle, the two preceding vehicles, which had been at a narrow space on the right side of the Plaintiff’s vehicle, while the Defendant’s vehicle straighted into the new north-distance bank, and had been at a rapid speed, were overtakened by the two preceding vehicles, and had already entered the intersection and proceeded with the Plaintiff’s vehicle that had been proceeding.

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

On June 23, 2016, the Plaintiff paid KRW 160,000 to the borrower of the Plaintiff’s vehicle A with the insurance proceeds from the instant accident.

2. Determination:

A. According to the facts acknowledged in the above basic facts, the driver of the Defendant’s vehicle should proceed to the intersection by making a prior vehicle take the front side in order, and even if the driver of the vehicle driving on the left side of the prior vehicle has the duty to detect the overtaking vehicle in advance by overtaking the vehicle, which caused the instant accident. Thus, barring any special circumstance, the Defendant, the insurer of the Defendant’s vehicle, is the insurer of the Defendant’s vehicle, in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act, as well as KRW 160,00, which is equivalent to the insurance money paid by the Plaintiff to the Plaintiff, in accordance with the insurer subrogation doctrine.