1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a mutual aid association which has entered into a mutual aid agreement with A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with B vehicle (hereinafter “Defendant vehicle”).

B. On November 27, 2016, at around 18:35, the Plaintiff’s vehicle proceeds as one-lane of the four-lanes in front of the Gwangjin-gu Seoul Special Metropolitan City Jinjin Middle School located in the Jinyang-dong, from the Jinyang-dong, the one-lanes of the four-lanes in front of the Jinjin High School is running as the one

When the vehicles located in the front direction of the vehicle located in the traffic signal, the vehicle stopped in one lane and changed the vehicle to two lanes without the body of body, and the vehicle C, which followed from the two lanes of the same road (hereinafter referred to as “small and medium vehicle”), as seen above, was driven by the vehicle moving to three lanes on the right side in order to avoid the collision with the plaintiff vehicle that is moving to the two lanes of the same road, and stopped in the front, rear and rear the three-lane, and the defendant vehicle following the three lanes of the road after the vehicle of the non-party vehicle stopped to the right side, without avoiding the vehicle of the non-party, and concealed the vehicle of the non-party vehicle after the vehicle of the non-party vehicle of the same road, and caused further shock to the right side of the plaintiff vehicle stopped on the two lanes.

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

The place where the Plaintiff’s vehicle changed the vehicle was a place where the change of the vehicle was allowed to change the vehicle to the connected place.

In the instant accident, D, the driver of the non-party vehicle, was injured, and on February 27, 2017, the Plaintiff paid KRW 2,989,260 in total as insurance money under the pretext of agreement and medical expenses, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, Gap evidence Nos. 3, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the parties' assertion is that the plaintiff does not completely enter the non-party vehicle into the three-lanes, but only stopped with a part of the vehicle, and if the defendant vehicle immediately operated the vehicle or avoided it into the four-lane (the fourth-lane), the accident in this case.