1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On November 29, 2015, around 17:45, the accident was caused by the Defendant’s vehicle Nonparty C who is the passenger of the Defendant vehicle (hereinafter “instant accident”) by shocking the left side part of the Defendant’s vehicle, which was going straight in the two-lanes among the third-lane roads (hereinafter “instant road”).

C. From December 16, 2015 to January 14, 2016, the Plaintiff paid KRW 2,137,420 in total with the medical expenses and the amount agreed upon by the Plaintiff.

On the other hand, the current status of the long-distance in which the road of this case is located is as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 2, Gap evidence 6's video, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant road was a four-lane immediately before the intersection was the intersection, and the said three-lanes passed along the intersection, and the structure that was reduced to the two-lanes immediately preceding the instant road, and there is no sign leading the vehicle’s moving direction within the three-lane intersection, the driver of the Defendant vehicle should enter the three-lane road after passing through the intersection, and slowly enter the two-lane road along the shoulder line.

The accident of this case is caused by the defendant vehicle's entry from the four lanes to the two lanes, and there is a gross negligence on the part of the defendant vehicle.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay the insurance money paid by the plaintiff to the plaintiff and damages for delay.

B. Article 19(3) of the Road Traffic Act provides that the driver of any motor vehicle is normal of another motor vehicle running in the direction of changing the course of the motor vehicle when he/she intends to change his/her route.