1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A car volume (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B car volume (hereinafter “Defendant”).

나. 원고 차량은 2014. 10. 8. 13:00경 밀양시 남포동 중앙고속도로 부산방향 삼량진 IC 부근에서, 편도 2차로 중 1차로를 따라 진행하다가 같은 차로에서 2차로로 차선을 변경하기 위해 서행하던 피고 차량의 뒷범퍼를 원고 차량의 앞범퍼로 충격하였고(이하 ‘1차 사고’라 한다), 이로 인하여 2차로로 튕겨 나가면서 2차로를 따라 진행하던 C 승용차량(이하 ‘피해 차량’이라 한다)의 운전석 쪽 측면부를 원고 차량의 조수석 쪽 측면부로 충격하였다(이하 '2차 사고‘라 한다). 다.

On November 6, 2014, the Plaintiff paid insurance proceeds of KRW 5,774,00 to the damages incurred by the damaged vehicle due to the second accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6, 7 (including paper numbers), Eul evidence 1 to 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant's driver's negligence contributed to the occurrence of the first and second accidents, and the fault ratio is equivalent to 30%. Thus, the defendant jointly exempted from the payment of the plaintiff's insurance proceeds is liable to pay the plaintiff the above insurance proceeds amount of KRW 1,732,200 (= KRW 5,774,000 x 0.3) and the delay damages amount of KRW 5,774,00.

On the other hand, the defendant asserts to the effect that the plaintiff's request cannot be complied with because the first and second accidents occurred while the driver of the plaintiff's vehicle proceeding without taking measures such as reducing speed, although the defendant's vehicle was running under speed for the purpose of changing the lane.

(b).