1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to the vehicle B (hereinafter “Defendant”).

B. On January 25, 2017, around 12:50, the Plaintiff’s vehicle was driving along the two lanes near the Yongsan-gu Seoul Metropolitan City, the fourth-lane, the two lanes near the Yongsan-gu, Yongsan-gu, and was changing into the third-lane. However, the Defendant’s vehicle proceeding behind the Plaintiff’s vehicle into the third-lane in the same direction as the Plaintiff’s vehicle, and the Defendant’s vehicle fell into the front side of the right side of the Plaintiff’s vehicle as the front side of the left side of the vehicle

(hereinafter referred to as “instant accident”). C.

On March 10, 2017, the Plaintiff paid KRW 349,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff’s vehicle changes the lane by securing the safety distance with the Defendant’s vehicle, the Defendant’s vehicle was under speed and did not take measures to detect and stop the Plaintiff’s vehicle, and thus the instant accident occurred, the Plaintiff’s vehicle is entirely liable to the Defendant’s vehicle.

Therefore, the defendant is obligated to pay the plaintiff the amount stated in the claim with the indemnity money.

B. The Plaintiff’s vehicle did not properly verify whether the Defendant’s vehicle is running in the three-lane prior to the change of the lane, and as the instant accident occurred by changing the lane, the Plaintiff’s fault ratio in the instant accident reaches 70%.

3. Determination

A. The following facts and circumstances recognized by the overall purport of each of the evidence and arguments mentioned above recognized facts, namely, the Plaintiff’s vehicle, confirming that the Defendant’s vehicle runs slowly and maintaining a safe distance, begins to change the lane, and the Plaintiff’s vehicle begins to change the lane.