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. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 11, 2017, around 08:42, the Plaintiff’s vehicle, along with the four-lane Samsung from the two-lane 11-lane, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-si, to the two-lanes of Samsung SDI bank in the direction of the ice tunnel, turned down on the ice side and turned back to the left side, and turned back to the left side of the Plaintiff’s vehicle, the front part of the left part of the Defendant’s vehicle, which proceeded to the one-lane adjacent to the left side of the Plaintiff’s vehicle.

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

Plaintiff

The expected repair cost of the vehicle was KRW 5,193,740, and the replacement price of the Plaintiff’s vehicle was KRW 4,935,00 at the time of the instant accident, and the Plaintiff paid the amount equivalent to the replacement price of the Plaintiff’s vehicle as insurance money on January 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The following circumstances revealing the overall purport of the arguments in the evidence revealed prior to the occurrence of liability for damages, namely, ① the instant accident caused by snow to the Plaintiff’s vehicle due to the Plaintiff’s failure to accurately manipulate the steering gear and brakes, etc., and caused the Plaintiff’s vehicle by shocking the Defendant’s vehicle while moving back. However, in light of the fact that the Defendant’s vehicle driver should drive the vehicle at a speed of 50% at the highest speed after bad weather, while driving the vehicle at a speed close to the highest speed, the instant accident is the Defendant’s vehicle driving beyond the bounds of the Plaintiff’s negligence and safety driving duty, such as steering gear, and the instant accident is in conflict with the Plaintiff’s vehicle.