1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid association which entered into a freight mutual aid agreement with respect to B cargo vehicles (hereinafter “Defendant vehicle”).

B. On September 30, 2016, around 22:45, the Plaintiff’s vehicle attempted to change the course to two-lanes on the left side of the Defendant’s vehicle, in which the lane was reduced, and the Plaintiff’s vehicle tried to change the course to the two-lanes on the left side of the Plaintiff’s vehicle, and the part of the front part of the Defendant’s vehicle was shocked by the rear part of the left side of the Plaintiff’s vehicle.

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

On December 29, 2016, the Plaintiff paid a total of KRW 384,000 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5 (including paper numbers) and the purport of the whole pleadings

2. According to the occurrence and scope of the liability for damages, the instant accident was caused by the Plaintiff’s negligence by the Plaintiff’s driver who attempted to cut the vehicle without due care when changing the course to the left side road.

I would like to say.

However, as the driver of the defendant vehicle, it is possible for the plaintiff vehicle that was travelling on the right lane to expect the change of course due to the decrease of the lane after the driver's length of the site of the accident in this case. Therefore, it is necessary to pay due attention to preventing the collision by reducing the speed. Thus, the defendant vehicle's responsibility is limited to 50% of the total amount of the defendant vehicle in light of the road situation before and after the accident and the shock level of the vehicle.

Therefore, the defendant's compensation amounting to KRW 192,00 (i.e., KRW 384,000 x negligence ratio 0.5) to the plaintiff, and the existence and scope of the defendant's duty of performance from December 30, 2016 on the day following the payment date of insurance money.