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

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter referred to as “Plaintiff vehicles”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter referred to as “Defendant vehicles”).

B. At around 14:10 on August 21, 2016, D driven the Defendant’s vehicle, driving the Defendant’s vehicle, driving the two-lane from the 150-lane road in Yangsan-dong, Yangsan-dong, Yangsan-dong, Yangsan-dong, the front side of the 150-lane, to the mobilization science and technology unit, and attempted to change the course from the front side to the second two-lane. At the time, the Plaintiff’s vehicle driving a two-lane back from the rear side of the Defendant’s vehicle, who moved to the second two-lane edge in order to avoid drilling with the Defendant’s vehicle, led to an accident (hereinafter referred to as the “accident in this case”).

C. On September 9, 2016, the Plaintiff paid KRW 7,450,000 insurance money to the Plaintiff’s total loss disposal cost incurred from the instant accident.

[Reasons for Recognition] Facts without dispute, each entry or video of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above recognition of the liability for damages, the accident in this case occurred in the process of avoiding drillings with the Defendant’s vehicle while the safety distance with the Plaintiff was not sufficiently secured due to the negligence that the Defendant’s driver did not properly verify whether the vehicle was in front and obstruct the passage of the Plaintiff’s vehicle, and even if the safety distance with the Plaintiff’s vehicle was not sufficiently secured, the accident in this case occurred while the Plaintiff’s driver attempted to change course from the distance close to the Plaintiff’s vehicle in an unreasonable way. Thus, the Defendant is liable to pay the Plaintiff indemnity as the insurer

(b) limitation of liability, except as mentioned above, evidence and pleading.