Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Basic facts

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

B. On October 30, 2019, around 10:08, the Plaintiff’s vehicle tried to turn to the left on the left side of the said road while attempting to change the two-lanes from the two-lanes to the one-lanes of the road near the FF Bank T located in Nam-gu, Nam-gu, Nam-si, the Plaintiff’s vehicle shocked the front and rear part of the Defendant’s front and rear part of the Defendant’s vehicle driving the first lane into the front part of the left side of the Plaintiff’s vehicle

(hereinafter “instant accident”). C.

On November 26, 2019, the Plaintiff paid KRW 4,530,300 of the insurance money, excluding KRW 500,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purpose of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the instant accident did not properly verify the progress of the vehicle in the first lane, and was able to verify the fault of the Plaintiff’s vehicle that attempted to change the lane in advance and the change of the lane of the Plaintiff’s vehicle, but did not yield, and the negligence of the Defendant’s vehicle that proceeded without yield was concurrent. In light of the background of the accident, at least 30% of the Defendant’s vehicle’

Therefore, the Defendant, the insurer of the Defendant vehicle, is obligated to pay the Plaintiff, the insurer of the Plaintiff vehicle, KRW 1,359,090 (= KRW 4,530,300 x 30%) equivalent to 30% of the insurance money paid by the Plaintiff at the repair cost of the Plaintiff vehicle, and damages for delay.

(2) The instant accident occurred when the Plaintiff’s vehicle was rapidly changed from the third lane to the first lane, and the Defendant’s driver could not at all expect the Plaintiff’s vehicle to change the first lane. Therefore, the instant accident is the gross negligence of the Plaintiff’s vehicle.