1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with the Plaintiff for the Category B New SSM3 vehicles owned by the Plaintiff (hereinafter “Plaintiff vehicles”), and the Defendant is an insurance company that entered into the comprehensive automobile insurance contract with the Defendant for the Category D vehicle owned by the Defendant (hereinafter “Defendant vehicle”).

B. On April 11, 2016, around 10:00, when the Plaintiff’s vehicle runs along the intersection from the south to the north along the two-lanes of the two-lanes of the road between the two-lanes, there was an accident of collision with the Defendant’s vehicle running along the south along the two-lane crossing from the south along the two-lanes of the two-lane road.

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

In the instant accident, the Plaintiff’s vehicle was disposed of by full-time loss, and the Plaintiff paid KRW 6,790,000 to A on May 2, 2016 in accordance with the special agreement for securing self-vehicle loss. However, the Plaintiff sold the remainder of the Plaintiff’s vehicle and returned KRW 1,650,000.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7 (including each number), the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff’s instant accident occurred due to the negligence of one of the Defendant’s vehicles that continued to proceed over by violating the duty of care for passing through the intersection. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 5,140,000 (=6,790,000 - 1,650,000) as the amount of indemnity following subrogation by the insurer.

B. At the time of the instant accident, even though the Defendant’s vehicle was first entering the intersection, the Plaintiff’s vehicle was proceeding without temporarily stopping in front of the intersection and caused the instant accident. The responsibility of the instant accident lies on the Plaintiff’s vehicle.

3. Determination

(a) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection in which traffic is not controlled shall be the case where the width of the intersection is wider than that of the road on which the motor vehicle is traveling;