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. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity that entered into an automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. At around 08:20 on October 12, 2018, E, while driving the Plaintiff’s vehicle and driving along the two-lanes of the G Logistics Center in the Shiposi F, due to the negligence of changing the course into the two-lane one, while driving along the two-lanes of the Heposi, E caused the injury to I who was on board the Defendant’s vehicle due to the shock of the left part of the Defendant’s vehicle running in the two-lanes at the time, into the right side of the Plaintiff’s vehicle.

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

On December 7, 2018, the Plaintiff paid KRW 1,768,150 to I for the purpose of treatment and agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred between the negligence of the driver of the plaintiff's vehicle who changed the course rapidly and the negligence of the driver of the defendant's vehicle who unreasonable driving without driving on the plaintiff's vehicle, which is the preceding vehicle, and thus, the plaintiff sought payment of KRW 707,260 (=1,768,150 x 40%) equivalent to 40% of the negligence of the driver of the defendant vehicle as the insurer of the defendant vehicle.

On the other hand, the defendant asserts that the accident of this case occurred from the whole negligence of the driver of the plaintiff vehicle who changed the vehicle line rapidly to park on the right side of the two-lane, so it cannot respond to the plaintiff's claim.

3. Determination

A. In light of the following circumstances acknowledged prior to the occurrence of liability for reimbursement, the instant accident occurred by the negligence of the Plaintiff’s driver and the Defendant’s driver.