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 entered into an automobile insurance contract with C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. On June 14, 2019, around 14:55, the Plaintiff’s vehicle that caused the instant accident occurred with the Defendant’s vehicle that was making a bypassing the right at the Defendant’s seat while making a bypassing the right at a small line, which is an exclusive lane for the right-of-passing right-hand (hereinafter “instant accident”).

C. On July 10, 2019, the Plaintiff paid KRW 3,993,920 (including self-paid charges of KRW 500,000) as insurance money, in total, due to the repair cost, etc. of the Plaintiff’s vehicle caused by the instant accident.

【Facts without dispute over the grounds for recognition】 The entries and images of Gap’s 1 through 9, and Eul’s 1 through 4 (including each number), and the purport of the whole pleadings

2. Determination

A. In light of the following circumstances that can be recognized by adding the evidence and the overall purport of oral arguments as seen above, the driver of a vehicle making a bypassing shall not interfere with the passage of other vehicles, namely, the driver of a vehicle making a bypassing the vehicle has a duty of care to pay attention not to obstruct the passage of all the original and the Defendant vehicles. The Plaintiff’s vehicle appears to have been negligent by neglecting this duty. The Plaintiff’s vehicle was making a bypass at the exclusive lane prior to the bypassing of the road at the time of the accident, and the Defendant’s vehicle was making a bypassing the vehicle while driving the vehicle at the right time, and other factors such as the speed of the original and the Defendant’s vehicle driving, the direction for the bypassing of the vehicle, and the degree that it may interfere with the passage of other vehicles, it is reasonable to view the instant accident by the negligence of the Plaintiff’s vehicle

B. Insurance money paid by the Plaintiff within the scope of indemnity is paid on the basis of its own vehicle damage security, and in such a case, the Plaintiff may claim reimbursement as an insurer.