1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is the automobile insurance company with respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”) and the Defendant is the automobile insurance company with respect to D’s vehicle (hereinafter “Defendant’s vehicle”).

B. On July 16, 2018, E, while driving the Plaintiff’s vehicle on July 16, 2018 and driving along three-lanes of the three-lane industrial road in the area of Suwon city, E, while trying to change the two-lanes into four-lanes by combining the two-lanes from the right side of the road, he/she went into four-lanes.

(이하 ‘선행사고’라 한다). E와 원고차량은 3차로에 넘어졌고, 소외차량은 비상등을 켠 채 5차로 오른쪽에 정차하였다.

C. After the occurrence of a preceding accident, the driver of the Defendant vehicle intends to change the two lanes from the four lanes to the three lanes, and finds the E and the Plaintiff vehicle going beyond the floor and immediately operate the steering gear to the right side, while the driver of the Defendant vehicle was stopped on the right side of the five lanes.

(hereinafter “instant accident”). D.

In the instant accident, the Defendant destroyed the Defendant’s vehicle and Nonparty’s vehicle, and the Defendant spent KRW 5,979,00 at the repair cost of the Defendant’s vehicle (=total repair cost of KRW 6,479,000 - Self-paid KRW 500,000), and KRW 8,09,400 at the repair cost of the Nonparty’s vehicle.

E. On April 1, 2019, the G Deliberation Committee opened upon the Defendant’s request for deliberation, rendered a decision of mediation to the effect that “the rate of negligence in the instant accident is 50% on the Plaintiff’s vehicle and 50% on the Defendant’s vehicle.”

On April 19, 2019, the Plaintiff paid 7,289,200 won to the Defendant (=14,578,400 won for repair of the Defendant’s vehicle (=6,479,000 won for repair of the non-party vehicle) x 50%) according to the above mediation decision, and filed the instant lawsuit within the objection period.

[Grounds for Recognition] Unsatisfy, each entry or video of Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination

A. Whether there exists fault in E in relation to the instant accident, and its ratio 1.