1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B freight vehicles (hereinafter “Defendant vehicle”).

On February 28, 2017, around 18:00, the accident occurred, where the Defendant, who attempted to change the vehicle from three lanes to four lanes in the same direction as the Plaintiff’s vehicle, driving the four lanes in the direction of the vehicle in the vicinity of the Songpa-gu, Songpa-gu Seoul Metropolitan Government Masong-dong (hereinafter “instant accident”), due to the collision between the Defendant vehicle and the driver’s seat of the Plaintiff vehicle (hereinafter “instant accident”).

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid KRW 6,361,600 in total as the repair cost of the instant vehicle in accordance with the instant accident from March 24, 2017 to March 30, 2017.

[Based on the recognition, the Plaintiff asserted that the Defendant’s vehicle, without properly verifying the Plaintiff’s vehicle in transit from the side, conflicts with the aspect of the Plaintiff’s vehicle by attempting to alter the vehicle without properly verifying the Plaintiff’s vehicle in transit from the side. Thus, the Defendant’s liability for the instant accident lies entirely in the Defendant’s vehicle.

In this regard, the defendant asserts that the defendant's vehicle is partially responsible for the plaintiff's vehicle that has been driven inevitably without reducing the speed even though the vehicle was changed first.

Judgment

Pursuant to Article 19 (3) of the Road Traffic Act, in cases where the driver of any motor vehicle intends to change course of the motor vehicle and there is a possibility of hindering normal traffic of other motor vehicles running in the direction to change, he/she shall not change course. On the other hand, it is difficult for the driver of a motor vehicle normally straight along his/her own lane to prepare even if the motor vehicle driven along the next lane would change course to his/her own lane.

However, No. 2 and No. 2.