Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment order shall be revoked.

1. Basic facts

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

B. On December 3, 2018, at around 09:12, the Plaintiff’s vehicle entered a three-lane road (hereinafter “instant road”) in front of the building in Seongbuk-gu, Sungnam-si, and driven along a two-lane (hereinafter “instant road”). The Defendant’s vehicle, who was parked from the first lane of the instant road to the front side of the Plaintiff’s vehicle, turned down the front side of the left side of the Plaintiff’s vehicle in front of the right side while changing the course to the second lane.

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

On December 31, 2018, the Plaintiff paid KRW 8,432,00,00 as insurance money after deducting KRW 500,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, 10, 11, and the purport of the whole pleadings

2. Determination

A. The following circumstances can be acknowledged by comprehensively taking account of the aforementioned recognized facts and the evidence, namely, (i) the driver of any motor vehicle shall not change the course when it is likely to obstruct the normal passage of another motor vehicle running in the direction to change the course (Article 19(3) of the Road Traffic Act), (ii) the driver of any motor vehicle has been negligent in neglecting the duty of safe driving and the duty of due care by changing the course, without considering the location, speed, etc. of the motor vehicle, and (iii) there is no material to deem that the motor vehicle was transferred to the motor vehicle of the Plaintiff’s right of way, and as such, the vehicle of the Plaintiff’s right of way has already been completed at approximately 3-4 seconds prior to the occurrence of the instant accident, between the Plaintiff’s right of way and the instant accident.