1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 7, 2017, at around 07:10, the Plaintiff’s vehicle runs as a two-lanes in the middle of the two-lanes in front of the branch of the Jindo road in Seongbuk-gu, Sungnam-si, and attempted to change the vehicle into the left-hand side in order to avoid the vehicle stopped on the right side. The Defendant’s vehicle driving on the one-lanes the front side of the Plaintiff’s vehicle, and due to the shock, the Plaintiff’s vehicle shocked C (hereinafter “victim”) where the Plaintiff’s vehicle stops on the right side.

(hereinafter referred to as “instant accident”). C.

On December 27, 2017, the Plaintiff paid KRW 403,000 at the repair cost of the damaged vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 3 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s vehicle proceeded in a two-lane without changing its course, and the Defendant’s vehicle turns out while driving in a one-lane, and the instant accident occurred due to shocking the Plaintiff’s vehicle. As such, the instant accident occurred due to the entire fault of the Defendant’s vehicle. (2) The Defendant’s vehicle was rapidly changed from the two-lane to the one-lane, and the Defendant’s vehicle was engaged in bracking to avoid the collision with the Plaintiff’s vehicle, but at the time of the accident, the accident occurred due to the string of the road. Therefore, the Plaintiff’s liability for the instant accident lies in the Plaintiff’s vehicle.

B. The following circumstances, i.e., ① the vehicle’s two prices due to an accident on the side of the two-lane in which the Plaintiff’s vehicle was in progress, were stopped, and the Plaintiff’s vehicle changed its vehicle vehicle into one lane in the process of avoiding it.