1. Of the judgment of the first instance court, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and this shall apply.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a driver of the Erench owned by D Co., Ltd. (hereinafter “Defendant”).

B. On November 8, 2017, around 00:30, the Defendant: (a) driven the Defendant’s vehicle while driving the Defendant’s vehicle and driving the two-lanes of the two-lane road in Daejeon Jung-gu, Daejeon; (b) changed the course to one-lane while driving the two-lane road in the direction of flooding on the side of the horizontal distance; and (c) there was an accident that conflict with the Defendant’s right-hand part of the Plaintiff’s vehicle driving the one-lane to the front line on the left side of the Defendant’s vehicle (hereinafter “instant accident”).

(c)

Under the insurance contract of this case, the Plaintiff paid KRW 17,408,000,00, after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle destroyed by the instant accident on February 28, 2018, and KRW 1,500,000 as the replacement cost of the Plaintiff’s vehicle, on April 18, 2018.

(d)

In addition, by December 14, 2017, the Plaintiff paid KRW 3,897,820 to the Plaintiff’s driver H in the instant accident due to the instant insurance contract, and returned KRW 1,532,50 to the International Mutual Aid Association, which is the mutual aid business entity of the Defendant’s vehicle, the Plaintiff paid KRW 3,140,630 as the medical expenses and the amount agreed upon to the Plaintiff’s passenger in the instant case, and returned KRW 1,513,590 as the insurance money responsible by the said I Mutual Aid Association.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident is attributable to the Defendant’s total negligence, because the Defendant’s vehicle, which was proceeding in the two-lane of the two-lane road, changing the course to the one-lane one, was due to the shock of the right side of the Plaintiff’s vehicle, which was proceeding in the first lane.