1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The summary of the Plaintiff’s assertion is the insurer who entered into an automobile insurance contract with B with respect to the automobile of C, and the said contract contains a non-insured automobile injury guarantee agreement included in the insured under the terms and conditions of the contract.

D While driving a motor bicycle (hereinafter referred to as “Plaintiff”) and driving a motor bicycle, the Defendant suffered from injury, such as slick fever, to the right slicker (hereinafter referred to as “the instant accident”), in collision with the F vehicle that entered into an automobile insurance contract with the Defendant (hereinafter referred to as “Defendant vehicle”). Although the instant accident was caused by competition between D, the Plaintiff’s driver, and the Defendant’s co-Defendant A, who is the Defendant’s driver, the Defendant refused to pay the insurance money, the Defendant paid KRW 11,868,860,00 for the injury insurance money by the non-insurance vehicle.

Therefore, the Plaintiff claims damages on the part of the damages caused by the instant accident, which the Plaintiff paid as insurance money, based on subrogation by the insurer.

2. Determination of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 (including paper numbers) and video images of the accident of this case, the background of the accident of this case, the degree of conflict, and the degree of shock, in particular, in light of the violation of the laws and regulations of the driver of the plaintiff vehicle, it is reasonable to view that the accident of this case does not constitute negligence of the driver of the vehicle of this case or negligence offset.

The driver of a vehicle or horse shall pass along the road along which a lane is marked.

(Article 14(3) of the Road Traffic Act. However, the Plaintiff’s vehicle was shocked with the Defendant’s vehicle that was normally proceeding with the signal and the guide line on the left-hand lane while driving to the left-hand turn at the U-turned lane, not the left-hand lane.

The fact that the defendant vehicle first enters the right turn and then enters the intersection, and then the plaintiff vehicle enhances speed at the U.S. exclusive road and enters the intersection to turn to the left, and the intersection ends.