1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the E-vehicle owned by D (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with the F vehicle (hereinafter “Defendant”).

B. On June 1, 2017, around 16:39, the Defendant vehicle changed the vehicle line from the first lane to the second lane on the road near the IC, and rapidly reduced the speed, and the Plaintiff vehicle, which was proceeding behind the Defendant vehicle, changed the vehicle to the first lane in order to avoid an accident, and there was an accident (hereinafter referred to as “accident”) that shocks the right side of G vehicle (H: H; hereinafter “victim”).

C. From July 13, 2017 to October 26, 2017, the Plaintiff paid KRW 6,393,220, and KRW 29,830,100 at the repair cost of the damaged vehicle on June 29, 2017.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 1 and 2 evidence, or the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident was caused by the Defendant’s fault, which caused an accident between the Plaintiff’s vehicle and the damaged vehicle due to an accident that occurred while changing the course of driving the vehicle as a sudden stop in the tunnel where the change of the course of driving the Defendant’s vehicle was prohibited. The Plaintiff’s assertion is obliged to pay the Plaintiff the damages for KRW 28,978,656 (= KRW 36,223,320 (= KRW 6,393,220) x KRW 29,830,830,100) and delay damages for the instant accident. The Defendant’s assertion that the instant accident occurred after operating the Defendant’s direction, etc., and then changing the course from the first lane to the second lane.