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

1. Basic facts

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

B. At around 06:45 on January 10, 2018, the Defendant’s vehicle is proceeding in the same direction, while driving a two-lane between the three-lanes near the Cheongju-dong Cheongju-dong Cheongju-dong Cheongju-dong Cheongju-dong Cheongju-gu.

The latter part of the Plaintiff’s vehicle was shocked to the front part of the Defendant vehicle, which changed the course to the two-lane.

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

On August 1, 2018, the Plaintiff paid KRW 7,284,70,00 as insurance money after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 2 and 3, video, the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. 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 which he/she intends to change his/her course (Article 19(3) of the Road Traffic Act). In light of the aforementioned legal principles, the following circumstances acknowledged by comprehensively considering the facts recognized as above and the overall purport of Gap evidence 5-1, 2, 5, and 6, namely, the plaintiff's vehicle seeking to change his/her course should have taken care of ensuring the safe distance with the defendant's vehicle driving on the two lanes and not hindering traffic. The plaintiff's vehicle seems to change the lane without properly examining the defendant's moving vehicle, and ② the plaintiff's vehicle is overtaking the defendant's vehicle at a speed higher than the estimated speed of the defendant's vehicle and rapid decrease after changing the lane.