1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B (hereinafter “Defendant”).

B. On January 16, 2017, around 18:59, the Defendant’s vehicle is proceeding three lanes among the three-lane roads near the Manan-gu, Manan-si C. However, while the Plaintiff’s vehicle proceeding the two-lanes among the above roads, the vehicle changed the two-lanes to the three-lanes, the vehicle left the front side of the Defendant’s vehicle’s left side on the right side.

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

The Plaintiff paid totaling KRW 7,541,490 as insurance money to June 16, 2017, for the damages incurred by the Plaintiff’s vehicle repair costs and the Defendant vehicle passengers’ medical expenses, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident of this case occurred while changing the lane to the lane of the plaintiff vehicle although the defendant vehicle could obstruct the normal passage of the plaintiff vehicle. The plaintiff asserts that the negligence of the defendant vehicle in the accident of this case reaches 80%.

In this regard, the defendant asserts that the plaintiff vehicle has caused the accident in this case while changing the lane rapidly into the lane of the defendant vehicle, and that the responsibility for the accident in this case is entirely attributable to the plaintiff vehicle.

B. Examining the following facts and circumstances acknowledged by the aforementioned facts and the overall purport of the evidence and arguments, i.e., the video at the time of the instant accident taken on the Defendant’s vehicle, the Defendant attempted to change the lane into the lane of the Plaintiff’s vehicle, and tried to identify the Plaintiff’s vehicle and proceed again to the existing lane, and the Plaintiff’s vehicle rapid.