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 entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 3, 2016, around 11:30, the Plaintiff’s vehicle driven along the two lanes from the first lane to the second two lanes from Mapo-do, Mapo-gu, Seoul, Mapo-gu, 345-1, and the part of the Defendant’s vehicle’s front part on the right side of the Defendant’s vehicle and the part on the driving seat of the Plaintiff’s vehicle were contacted.

(hereinafter “the instant accident”). At the time of the accident, the first and the second lanes are traffic vehicles, and both the Plaintiff and the Defendant were driving along the vehicle at the time of the accident.

C. On October 28, 2016, the Plaintiff paid KRW 3,727,00 as the repair cost of the Plaintiff’s vehicle.

[Ground] Facts without dispute, Gap evidence Nos. 1 and 7, Gap evidence Nos. 2, 4 through 6, and 8

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the Defendant’s vehicle, which was behind the Plaintiff’s vehicle, did not confirm the Plaintiff’s vehicle and changed the lane from one to two lanes.

As a result, it cannot be said that the driver of the plaintiff vehicle has the duty of care to drive the vehicle even when the vehicle is expected to change the lane, so that there is a negligence on the part of the defendant vehicle, the defendant is driving at a speed without yielding the direction, etc. of the plaintiff vehicle to the defendant vehicle that changes the lane.

Since the accident of this case occurred, the negligence of the defendant vehicle should be limited to 60%.

B. According to the above facts of recognition, since there are many vehicles running along the traffic well at the time of the accident in this case and the distance between the vehicles was narrow, the vehicle driver who changes the lane is not only the front side but also the rear side.