Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. At the time of the instant accident, at around 14:40 on July 19, 2019 at the time of the instant accident, the Defendant vehicle was proceeding to the left-hand side, including the safety zone due to road construction at the location near Dongdaemun-gu Seoul, Seoul, at the time of the instant accident. However, while the Plaintiff vehicle changed its lane from a point beyond the safety zone to the left-hand side, the amount of the insurance money to be paid to the Defendant vehicle to cover KRW 1,201,000 for the repair cost of the Plaintiff vehicle (=total repair cost of KRW 1,501,000 - Self-paid KRW 300,000) on January 22, 2020 on the date of payment of the insurance money to cover self-paid vehicle loss (founded grounds for recognition) (including any number or image number) as well as the purport of the entire pleadings as a whole.

2. Determination

A. In full view of the following facts and circumstances revealed by comprehensively taking account of the overall purport of the arguments as a whole, it is reasonable to view the instant accident as a co-existence and room of the original vehicle driver, and the percentage of negligence is 70% of the driver of the Plaintiff vehicle and 30% of the driver of the Defendant vehicle.

① A driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act). Since the road construction works at the time of the instant accident led to the increase of lanes on the left-hand side, including a safety zone due to the road construction works, the operation of the motor vehicle on the road increased including the safety zone seems to be legitimate operation. However, the instant accident occurred while the driver of the relevant motor vehicle changed the lane to the left-hand side while the driver of the relevant motor vehicle while driving the motor vehicle without properly examining the front and rear left-hand side. Therefore, the main fault in the instant accident lies in the driver of the relevant motor vehicle.

(2) The driver of the defendant vehicle shall also have a safety zone due to road works.