The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked, and the cancellation shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with Csi (hereinafter “Plaintiff”).

The Defendant is an insurer who has concluded a motor vehicle insurance contract with D vehicles (hereinafter “Defendant vehicles”).

B. On January 19, 2018, at around 08:06, the Plaintiff’s vehicle driven the second line road near Seo-gu Incheon, Seo-gu, Incheon, along the second line.

While the Defendant’s vehicle changed from the first lane to the second lane, the Plaintiff’s vehicle was shocked in the front of the Plaintiff’s vehicle, and the Plaintiff’s vehicle shocked to the rear of the Defendant’s vehicle, and the Defendant’s vehicle was pushed down with the rear of the F vehicle (hereinafter “third vehicle”) as the vehicle was pushed down (hereinafter “instant accident”).

C. The Defendant paid KRW 1,820,120 to G, a third vehicle passenger.

H Dispute Deliberation Committee (hereinafter “Dispute Deliberation Committee”) decided 60% of the Plaintiff’s negligence and 40% of the Defendant’s negligence on August 5, 2019.

On August 29, 2019, the Plaintiff paid KRW 1,092,070 ( KRW 1,820,120 x 60% x 60%, and less than KRW 10 hereinafter the same shall apply) to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, Eul evidence 1, whole purport of pleading

2. Assertion and determination

A. The Plaintiff’s assertion that the instant accident occurred after the Defendant’s vehicle was changed to a sudden vehicle line on the part of the Plaintiff’s vehicle.

Since the negligence of the Plaintiff’s vehicle in the instant accident is 20%, and the negligence of Defendant’s vehicle is 80%, the Plaintiff should share only KRW 364,020 out of the non-life insurance amount.

Since the Plaintiff paid KRW 1,092,070 to the Defendant according to the decision of the Dispute Council, the Defendant shall pay the difference between KRW 728,050,050 and the delay damages.

B. The facts acknowledged prior to the determination alone are insufficient to recognize that the Defendant’s vehicle was rapidly operated after the rapid change of the vehicle, as alleged by the Plaintiff, and there is no other evidence to acknowledge the change.

provided, however, that the defendant vehicle.