1. The defendant's appeal is dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer that has entered into an automobile insurance contract with the owner of the DF (hereinafter “Plaintiff”). The Defendant is the owner of the E-si vehicle (hereinafter “Defendant vehicle”).

B. On April 7, 2018, the Plaintiff’s vehicle starts from the third lane in the vicinity of the G company’s building located in Seocho-gu Seoul Metropolitan Government, and the Defendant’s vehicle was rapidly changed to the third lane to board passengers, and the Plaintiff’s vehicle was shocked.

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

On January 18, 2019, the Plaintiff paid KRW 3,968,000 insurance money under the name of the repair cost of the Plaintiff’s vehicle repair business entity due to the instant accident.

(other than KRW 500,000). [Grounds for recognition] A without dispute, Gap 1 through 8, the purport of the whole pleadings.

2. In light of the fact of recognition as above, and the circumstances leading up to the accident, especially the circumstances where the plaintiff's vehicle stops, which can be seen by the video of Gap evidence No. 7, and the situation where the plaintiff's vehicle stops, and the accident of this case occurred at the wind of rapid change of the plaintiff's vehicle in the future, it is reasonable to view that the ratio of the accident of this case is 30% of the plaintiff's vehicle and 70% of the defendant's vehicle.

Therefore, the Defendant is obligated to pay to the Plaintiff, who acquired the subrogation of the right to claim damages by paying insurance proceeds under the name of the repair cost of the Plaintiff’s vehicle due to the instant accident (total damages of KRW 4,468,600 x 70% - self-paid charges of KRW 500,00), 5% per annum under the Civil Act from January 19, 2019 to July 23, 2019, which is the day following the date of the first instance judgment, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. If so, the plaintiff's claim of this case should be accepted within the scope of the above recognition, and the remaining claim should be dismissed as it is without merit.

The judgment of the first instance is consistent with this conclusion.