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

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On April 29, 2018, around 16:20, the Plaintiff’s vehicle driven along the fourth-lane road of the fourth-lane road in Gangseo-gu Seoul, Gangseo-gu, Seoul, etc., and found that the two prices of the vehicle is stopped in the intersection due to the previous traffic accident at the intersection of the aforesaid shooting distance, and in order to operate the said accident, the Defendant’s vehicle, who entered the fourth lane from the fourth lane to the third lane while entering the intersection, did not avoid this, and the Defendant’s vehicle, who was going at the third lane in the later direction, did not avoid it, and caused an accident that shocks the driver’s seat in the front of the driver’s seat of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

On July 11, 2018, the Plaintiff paid insurance proceeds of KRW 403,900 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts in determining the percentage of negligence, the accident of this case is deemed to have caused the main fault of the Defendant vehicle, which was sufficiently shocked, while driving in the front room without properly examining the Plaintiff’s movement.

On the other hand, Article 14 (5) of the Road Traffic Act provides that drivers of vehicles and horses shall not change the course of vehicles and horses at a place where a safety sign is installed and a change in course is particularly prohibited.

6. According to Section I(5) and Nos. 506, the road section, such as an intersection or crosswalk, is prohibited from changing the course of a vehicle.

However, according to the proviso of Article 14 (5) of the Road Traffic Act.