1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded an automobile insurance contract with respect to D Bus (hereinafter “Defendant Vehicle”).

B. On August 8, 2018, around 19:16, in the vicinity of the F Burial located in Gangseo-gu Seoul, Gangnam-gu, Seoul, the part on the right side of the Plaintiff’s vehicle and the left side of the Defendant’s vehicle were the accident (hereinafter “instant accident”).

C. On October 19, 2018, the Plaintiff paid insurance proceeds of KRW 9,477,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4 through 6 (including provisional number; hereinafter the same shall apply), Gap evidence 9, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident of this case, which caused the plaintiff's loss to the left-hand side of the defendant's vehicle when the defendant's vehicle starts after stopping, was caused by the driver's negligence.

On the other hand, the defendant asserts that the accident of this case occurred by the plaintiff's negligence of the driver of the plaintiff's vehicle who had been overtaken the defendant's vehicle in an unreasonable manner while the bus driven prior to the defendant's vehicle stops.

B. In full view of the overall purport of the pleadings in each video as shown in the evidence No. 9, No. 9, No. 1, No. 4, and No. 5, the road in which the instant accident occurred is the one-lane road and the two-lane right-hand left-hand turn-hand turn-hand turn-hand turn-on, in which the two-lane road is the two-lane road, the two-lane vehicle in which the two-lane road stops, the vehicle in which the vehicle in question was in motion to pass the vehicle in the left-hand side of the Defendant vehicle, and the Plaintiff’s vehicle behind the Defendant vehicle in the two-lane road was trying to pass the vehicle in the left-hand side of the Defendant vehicle, the vehicle in question completely changes the two-lane to the two-lane road to overtake the Defendant vehicle.