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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
2. The defendant shall make the plaintiff 145.
Reasons
1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;
A. On June 10, 2019, at the time of the accident, the insured vehicle, such as the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”), (hereinafter “Defendant vehicle”), (hereinafter “Defendant vehicle”), the front side of the Plaintiff’s right side of the vehicle and the front front front side of the Defendant vehicle’s left side of the Defendant vehicle, where the Plaintiff’s vehicle operating two lanes in front of the F Building in Busan Northern-gu, at the location of 15:09 on June 10, 2019, followed the two-lanes, and the front front side of the Plaintiff’s vehicle and the front front front side of the Defendant vehicle, which are bound by the direction.
On July 16, 2019, 201, 526,060, which deducts 200,000 won for self-payment of insurance proceeds, was not disputed (based on recognition), Gap 1 through 8, and the purport of the whole pleadings.
B. Comprehensively taking account of the aforementioned evidence in the process of the instant accident, the instant accident was caused by the negligence of the Defendant’s vehicle, which was changed from the three lanes to the two lanes. At the time of the change of the lane of the Defendant’s vehicle, the Plaintiff’s vehicle is aware of the change of the lane of the Defendant’s vehicle, and it was difficult for the Plaintiff to avoid the instant accident through the suspension or reduction of the speed, as it did not turn on the direction direction, etc.
Therefore, the negligence of the Plaintiff cannot be recognized in relation to the instant accident.
C. Accordingly, according to the Defendant’s duty of indemnity, the Defendant’s liability for reimbursement of KRW 526,060 and KRW 380,848, which was accepted by the first instance court, shall be the year prescribed by the Civil Act from July 17, 2019, the following day to April 22, 2020, which was the date of the first instance judgment, and from July 17, 2019, for KRW 145,212, which was recognized by this court, to the Defendant’s defense from July 17, 2019 to December 8, 2020, which was the date of the said judgment.