1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

1. The reasons for this part of the facts of recognition are as follows: (a) the part of “42,585,210 won toM” in Section 2 of Section 4 of the judgment of the court of first instance, except that the part of “36,516,900 won toM” is the part of “1. Recognizing facts” in the reasoning of the judgment of the court of first instance; and (b) therefore, they are cited pursuant to the main sentence of Article 420

2. The parties' assertion

A. The Plaintiff’s assertion 1) In order to avoid a collision with the Nonparty, the instant accident occurred due to the Plaintiff’s fault that the Defendant’s vehicle did not perform his/her duty of charging attention and did not timely verify the change of the vehicle at a speed exceeding 40 km per hour, and caused the Plaintiff’s fault ratio of the Defendant’s vehicle that contributed to the instant accident after career change. Accordingly, the Defendant is obliged to pay to the Plaintiff the remainder of KRW 62,105,512 (=8,72,160) equivalent to the percentage of fault of the Defendant’s vehicle (i.e., 62,105,512) out of the total insurance money paid by the Plaintiff to the victims (i.e., KRW 88,722,160 x70 x 70%) after deducting the amount of KRW 38,90,180, which was returned from the Defendant from the Defendant.

B. Defendant’s assertion 1) The instant accident was caused by the failure of the Plaintiff’s vehicle to discover the non-party vehicle to change the lane from three lanes to two lanes on the ground that the Plaintiff’s vehicle neglected to drive safely, and instead did not turn on the direction direction light on the distance between 30 meters and the Defendant’s vehicle, thereby avoiding the Plaintiff’s vehicle. As such, the fundamental responsibility for the instant accident lies on the Plaintiff’s vehicle and the non-party vehicle, and the ratio of negligence on the part of the Defendant’s vehicle is more than 20%. Accordingly, the Plaintiff, the insurer of the Plaintiff’s vehicle and the non-party vehicle, is more than 20%. Accordingly, the Plaintiff’s insurer of the Plaintiff’s vehicle and the non-party vehicle, among the total insurance money paid by the Defendant to the victims, from 164,398,976 won (=205,498,720% x 80%) equivalent to the ratio of negligence on the Plaintiff’s vehicle and non-party vehicle.