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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be additionally paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).
B. On November 8, 2018, around 19:13, in the process of changing the course from the first lane to the second lane, the Defendant’s vehicle shocked the part of the backer part of the Plaintiff’s vehicle, which changed from the third lane to the second lane in the process of changing the course from the second lane to the second lane.
(hereinafter “instant accident”). C.
By November 21, 2018, the Plaintiff paid KRW 18,020,00 (the amount deducted from the remainder) of the Plaintiff’s total loss insurance money due to the instant accident as insurance money.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, and the purport of the whole pleadings
2. Determination
A. The evidence revealed as follows, i.e., ① the Plaintiff’s vehicle at the time of the instant accident, at the time of changing the lane from the three lanes to the two lanes, appears to have entered the two lanes. On the other hand, the Defendant’s vehicle was immediately after the launch of the lane from the one lane to the two lanes. ② According to the Plaintiff’s vehicle and the Defendant’s vehicle’s damaged part, the Defendant’s vehicle seems to have sufficiently shock on the left side of the back part of the Plaintiff’s vehicle as the front driver’s right part. ③ The location of the instant accident is adjacent to the Seoul direction of the Incheon Bridge Highway, and the river was installed at the five lanes in the direction of the Incheon Bridge. ④ The three-lane access of the Plaintiff’s vehicle is one-lane and the three-lane is one-lane approach from the two-lane road to the one-lane, and the one-lane structure and the one-lane approach of the Plaintiff’s vehicle is two-lane.