1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On March 3, 2017, around 12:30, in the vicinity of the slopedyp road, the Plaintiff’s vehicle, who entered the instant road while bypassing the right of way, was changing from the first to the second lane on the road of the third-laned road (hereinafter “instant road”) to the second-lanes in the vicinity of the slopedp road at the time of the urbanization of the game (hereinafter “instant accident”), and the Plaintiff’s vehicle, who moved along the instant road by moving the vehicle to the second lane, caused an accident that shocks the front part of the upper part of the lower part on the left side of the vehicle (hereinafter “instant accident”).

C. On March 29, 2017, the Plaintiff paid KRW 2,408,00 (the amount after deducting one’s own shares from KRW 200,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s negligence on the part of the Defendant’s driver while leaving the Plaintiff’s vehicle immediately in front of the Plaintiff’s vehicle, beyond the limitation line for career change. As such, the Defendant should pay the Plaintiff the insurance money paid by the Plaintiff to the Plaintiff, KRW 2,408,00, and damages for delay.

B. (1) Article 19(3) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to change course of the motor vehicle," while Article 38(1) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when intending to change course while driving the motor vehicle in the same direction."