1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). The Plaintiff’s Intervenor is the owner and the driver of the Plaintiff’s vehicle.

The defendant is a mutual aid business operator who has entered into a motor vehicle mutual aid contract for the motor vehicle E (hereinafter referred to as the "Defendant vehicle").

B. On November 23, 2018, the Plaintiff’s vehicle was driving along FF roads in the vicinity of Sinsi-si, a two-lane from the event distance to the boundary of the safe intersection. On November 23, 2018, the irregular vehicle stopped in the first lane and changed its course from the second lane to the third lane to avoid the entry.

The defendant's vehicle running a three-lane after the plaintiff's vehicle was replaced by a four-lane, overtaking the plaintiff's vehicle, changing the course to a three-lane, and simultaneously stopped in front of the plaintiff's vehicle.

Plaintiff

The vehicle did not avoid this and shocked the left back of the Defendant vehicle.

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

On January 11, 2019, the Plaintiff paid 1,705,000 won after deducting 440,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including additional numbers), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

(a) When the driver of any motor vehicle intends to change course of his/her motor vehicle and it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route, he/she shall not change his/her route (Article 19(3) of the Road Traffic Act), nor shall he/she immediately stop his/her motor vehicle or reduce his/her speed, except in cases of preventing dangers and in other inevitable circumstances (Article 19(4) of the Road Traffic Act). The foregoing facts recognized as follows, comprehensively, may be recognized: