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

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicle”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to F vehicle (hereinafter “Defendant vehicle”).

B. On November 14, 2017, around 14:35, the Plaintiff’s vehicle: (a) went to the front intersection of the H company located in Yongcheon-si G for the right side of the Plaintiff’s vehicle while making a right-hand, the left front part of the Defendant’s vehicle that entered the right-hand side of the Plaintiff’s vehicle was shocked by the front part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

By July 24, 2018, the Plaintiff paid the sum of KRW 40,818,200 for the repair cost of the Plaintiff’s vehicle due to the instant accident (the amount of KRW 500,000 for self-payment) as insurance money.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including paper numbers), Eul evidence Nos. 1 and 2, video, the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

(a) When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control, the driver of any motor vehicle shall temporarily stop or yield the right so as not to impede the passage of other motor vehicles (Article 25 (6) of the Road Traffic Act), and the driver of any motor vehicle intending to drive a motor vehicle into the intersection where traffic control is not performed, shall yield the right of way to other motor vehicles, when the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when other motor vehicles are intending to drive a motor vehicle into the intersection where the width

(2) Article 26(2) of the same Act provides that evidence, evidence, evidence, and evidence, evidence, evidence, and evidence, evidence, evidence, and evidence, evidence, and evidence, evidence, and video, and fact inquiry about the police station in the court, as a result of the fact inquiry, the following circumstances acknowledged by comprehensively considering the overall purport of the pleading, namely, the location of the accident in this case, is an intersection where traffic is not controlled.