1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).

B. On July 21, 2018, around 14:15, a three-lane, the left-hand turn-on one of the six-lanes near the New Station in Gangnam-gu Seoul, Seoul, and the vehicle line was changed to four-lanes, and there was an accident in which the front side of the Plaintiff’s vehicle and the part of the fenced in front of the left side of the Defendant’s vehicle, which was located in the four-lanes (hereinafter “instant accident”).

C. On August 27, 2018, the Plaintiff paid insurance proceeds of KRW 5,000,000, which deducts KRW 500,000 of the repair cost of the Plaintiff’s vehicle from KRW 5,500,000 due to the instant accident.

On November 26, 2018, the E Committee held on November 26, 2018 pursuant to the Mutual Agreement on the Deliberation of Motor Vehicle Insurance Claim Dispute, which the Plaintiff and the Defendant joined, determined that the negligence ratio of the Plaintiff’s vehicle in the instant accident is 80%.

Accordingly, on October 30, 2018, the Defendant paid KRW 1,100,000 to the Plaintiff out of KRW 5,500,000 of the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4 through 9, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff's assertion is that the plaintiff's vehicle is changing the fleet slowly, and the main cause of the accident in this case is due to the negligence of the defendant's vehicle which neglected the duty of Jeonju.

In this regard, the defendant asserts that the accident of this case occurred from the wind that the plaintiff's vehicle can change the vehicle immediately without securing sufficient safety distance, so that the ratio of the plaintiff's vehicle's fault should be recognized at least 80%.

B. (1) The drivers of motor vehicles and riders of horses who are obliged to compensate for damages under Article 14(2) of the Road Traffic Act shall be subject to this Act or this Act on the road along which a lane is installed.