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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be instituted.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).
B. On June 1, 2019, around 13:40 on June 1, 2019, the Plaintiff’s vehicle driven by the Plaintiff’s Intervenor, driving in the direction of the Korea-NamIC at the Yangnam Highway in Seocho-gu Seoul, Seocho-gu, Seoul, and changed the vehicle from the second line to the first line. The Defendant’s vehicle, which was in the course of driving in the first lane, e.g., the part on the left left side of the Plaintiff’s back part of the Defendant’s vehicle, was shocked (hereinafter “instant accident”).
C. On June 20, 2019, the Plaintiff, as an insurer, paid KRW 3,247,000 after deducting KRW 500,000 of the self-charges from the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5, 6 evidence, Eul evidence 1 to 7 (including each number), the video and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) The instant accident occurred as a result of the Defendant’s assertion that the Plaintiff’s vehicle did not operate the direction, etc., and as a result of the instant accident, the Plaintiff’s fault related to the instant accident is at least 70% since the Plaintiff’s vehicle was at least 10% of the Defendant’s driver’s fault, as it was an accident where the Plaintiff’s vehicle was able to drive at a sudden speed, and the Plaintiff’s vehicle was at least 10% of the Plaintiff’s driver’s fault at the time of the instant accident.
B. The following circumstances, which can be acknowledged by the facts based on the negligence ratio of 1 and the evidence as seen earlier, are the time when the Plaintiff’s vehicle changes the vehicle.