1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

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”).

Plaintiff

Around 16:56 March 26, 2018, when the vehicle was driven along the two-lanes of the 3-dong Seocheon-gu, Busan, Seocheon-gu, Busan, the two-lanes of the 3-dong Seocheon-gu, and the two-lanes of the defendant vehicle, the course of which was changed to the Gohap-type line in excess of the actual line adjacent to the entry prevention enclosed, and which led to the collision-type line, conflict with the back part on the left side of the vehicle.

(hereinafter “instant accident”). By May 18, 2018, the Plaintiff paid insurance proceeds of KRW 926,210 to Defendant vehicle passengers’ medical expenses and agreed fees, etc. due to the instant accident.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff should pay KRW 92,620,00, which is 10% of the insurance proceeds, to the Plaintiff, on the ground that the Plaintiff was negligent in 10% of the amount of 10% for the Defendant’s vehicle that did not yield a concession, even though it was possible to expect the Plaintiff to enter the combined line of vehicles of the Plaintiff

B. The following circumstances recognized based on the facts of recognition of the cross-market and the evidence mentioned above, namely, the driver of any motor vehicle shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to change the course (Article 19(3) of the Road Traffic Act). The motor vehicle of the plaintiff is negligent in performing the above duties and shall not give due attention to the traffic situation of the motor vehicle and change the course in the de facto line where it is prohibited to change the course, without using the direction, etc. in the direction, etc. in the de facto line, and the motor vehicle of the defendant vehicle is concealed the back part of the motor vehicle. The motor vehicle of the defendant vehicle is trying to change the course.