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1. Of the judgment of the court of first instance, the part against the plaintiff regarding the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).
B. On September 12, 2018, around 09:45, the Plaintiff’s vehicle was straighted along the two lanes near the intersection located in Seosan-dong 580-10, in order to avoid the defect that the Defendant’s vehicle, who was at the right right side of the Plaintiff’s vehicle, was entering the right side of the vehicle, was changed to the one lane in order to avoid the defect that the Defendant’s vehicle, who was at the right side of the Plaintiff’s moving into the three-lane in order to rapidly change the two-lane, and the collision between the front right side of the E vehicle and the left side of the Plaintiff’s vehicle following the same direction (hereinafter “instant accident”).
C. On October 15, 2018, the Plaintiff paid KRW 1,836,00 as insurance money equivalent to the repair cost of Plaintiff’s vehicle and KRW 1,836,00 in total to two other companies.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-3, 6 and 7, or the purport of the whole pleadings
2. In full view of the facts of the determination as to the cause of the claim, it appears that the vehicle of the defendant is trying to change the vehicle line in a two-lane to overtake the pre-paid vehicle in the same lane where the defendant vehicle is friendly, and the vehicle of the plaintiff seems to have entered the first lane while avoiding it. Thus, the defendant vehicle provided the cause of the accident.
However, since the driver of the plaintiff's vehicle has entered the friendly road and the vehicle is proceeding on the upper side of the first lane, the driver of the plaintiff's vehicle has entered the first lane in order to make the defendant's vehicle enter the road while driving at a more speed than that of the vehicle going on the first lane in spite of the need to reduce the speed or prevent accidents by paying attention to the situation.