1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

Around 10:10 on September 1, 2018, the Defendant’s vehicle was driven along the three-lane road near the Cheongdo-ro, Cheongdo-si, Cheongdo-si, by changing the two-lane line to the two-lane point at the right edge of the Cheongdo-do-si. The Defendant’s vehicle was concealed with the Plaintiff’s vehicle driving the two-lane line to the two-lane.

(hereinafter “instant accident”). By October 16, 2018, the Plaintiff paid KRW 5,864,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition: Each entry and video of evidence A1 to 3, and the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the unilateral mistake of the Defendant’s vehicle, while the Defendant asserts that the Plaintiff should pay KRW 5,864,00,00, the total amount of insurance proceeds, to the Plaintiff, the Defendant asserts that there was negligence on the part of the Plaintiff, who did not drive the front city and the safe driving.

B. In light of the following circumstances acknowledged by the above facts and the evidence mentioned above, that is, the defendant's vehicle entered the two-lanes of reducing the sudden speed without any signal or advance notice in front of the plaintiff's vehicle, and it is difficult to deem that the plaintiff's driver predicteds the sudden movement of the defendant's vehicle in advance or there was a shock for the plaintiff's driver to avoid the accident in response thereto, the accident of this case was caused by the whole negligence of the defendant's vehicle.

Therefore, the defendant's insurance proceeds of KRW 5,864,00 paid by the plaintiff due to the accident in this case and KRW 5,227,60,00 recognized by the first instance court among them are final insurance proceeds of KRW 5,864,00.