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 a mutual aid operator who has entered into a mutual aid agreement with B (hereinafter “Defendant”) on the vehicle B.

B. On February 17, 2017, around 08:59, the Seocho-gu Seoul Metropolitan New Distribution, the two lanes near the 137 flow apartment, and the five lanes near the 137 flow apartment, in the south of the distribution intersection, were changed to one lane by the Plaintiff’s vehicle driving in the direction of the shooting distance of the Sungmo Hospital, and the Plaintiff’s vehicle driving in the direction of the Sungmo Hospital was facing the driver’s seat after the driver’s seat of the Plaintiff vehicle, with the upper part of the front part of the Defendant vehicle, in the upper part, was shocked, and there was a shocking accident in order of the street, etc. installed on the retaining wall and the right side of the Defendant vehicle at an elevated level (hereinafter “instant accident”).

C. On March 9, 2017, the Plaintiff paid insurance proceeds of KRW 13,00,000, after deducting KRW 500,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Plaintiff’s fault that found the Plaintiff’s vehicle from the two-lane to the one-lane, but the Defendant’s vehicle was remarkably negligent in performing the duty of front-time care, or that the Defendant’s fault on the instant accident occurred due to the Defendant’s fault that found the Plaintiff’s vehicle that changed its course to the one-lane course and attempted to overtake, and thus, the Defendant’s driver’s fault ratio in relation to the instant accident should be 60

Therefore, the defendant should pay 7,800,000 won and damages for delay, which are 60% of the insurance money paid by the plaintiff to the plaintiff.

B. (1) The driver of any motor vehicle shall impede the normal traffic of another motor vehicle running in the direction of changing the course when the driver of any motor vehicle intends to change the course of the motor vehicle.