1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

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 20:20 on December 19, 2018, the Plaintiff’s vehicle, as indicated in the attached field map at the intersection of the head of Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, as well as the head of Dongdaemun-gu, on the one lane, was in conflict between the lower part of the Plaintiff’s vehicle and the lower part of the Defendant’s vehicle, while the Plaintiff’s vehicle, from the two lanes to the two lanes from the first to the second two lanes, among the left parts, has changed from the two lanes to the two lanes (hereinafter “instant accident”).

C. On June 10, 2019, the Defendant filed an application with the E Deliberation Committee (hereinafter “Deliberation Committee”) for deliberation and resolution against the Plaintiff, and the Deliberation Committee decided that “The Plaintiff’s vehicle was at least 100% of the fault of the Plaintiff’s vehicle in consideration of the fact that there is a collision between the Plaintiff’s vehicle and the lower left side of the Defendant’s vehicle and the lower side part of the Defendant’s vehicle, taking into account the fact that it seems difficult to expect or avoid as the Defendant’s driver and the lower side part of the Plaintiff’s vehicle.”

On June 27, 2019, the Plaintiff paid 7,550,000 won at the cost of repairing the Defendant’s vehicle equivalent to 100% of the fault ratio of the Plaintiff’s vehicle, and filed the instant lawsuit on July 3, 2019.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is that the instant accident, within the intersection, is a change in the course beyond the excursion ship/ferry, while the Defendant’s vehicle confirms that the Plaintiff’s vehicle turns on the right direction, and changes in course.

The plaintiff's vehicle and the defendant's vehicle are accidents that occur while changing the course of the plaintiff's vehicle and the defendant's vehicle.