1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who concluded each automobile insurance contract with respect to D dump trucks (hereinafter “Defendant”), with respect to the vehicles C (hereinafter “Plaintiff vehicles”).

B. Around 08:55 on February 10, 2017, the Plaintiff’s vehicle was running along the two-lanes of the two-lanes in the front and rear of the driver’s seat of the Plaintiff, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, and the front and rear side of the Defendant’s vehicle, which changed the lane from the first lane to the second lane, while the flow of the said road is fixed due to a prior accident that occurred in the front and rear side of the two-lanes of the said road.

(hereinafter “instant accident”). C.

On September 18, 2017, the Plaintiff paid KRW 9,180,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The following circumstances are revealed in light of the facts acknowledged as above and the purport of the entire arguments in the evidence mentioned earlier. In other words, as long as the Plaintiff’s vehicle cannot be seen as having known or known that the Defendant’s vehicle was changed to a two-lane in the situation where the Defendant’s vehicle is a dump truck with a large body body and the two-lanes of the vehicle are repeated without any particular distance from the vehicle, the vehicle was driven by the Plaintiff’s vehicle prior to the instant accident. ② The Plaintiff’s vehicle appears to have been driven by the Defendant’s vehicle more than the Defendant’s vehicle even before the instant accident, and it appears that the Plaintiff’s vehicle had been driven, or could not have known, that the vehicle was changed to a two-lane as at the time the Plaintiff’s vehicle turned the two-lane of the said road into a string of the vehicle.