1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On April 26, 2019, at around 08:48, the Defendant’s vehicle entered the two-lane road at the entrance of Suwon-si, Suwon-si, the front and rear door of the Plaintiff’s vehicle, which was driven along the two-lanes, was shocked into the front and rear part of the Defendant’s vehicle’s left-hand part.

(hereinafter “instant accident”). C.

By May 30, 2019, the Plaintiff paid KRW 3,923,50,00 as insurance money after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is that the Defendant’s vehicle entered a two-lane road from the side road to the two-lane road, and the direction direction etc. were delayed, and thus the Plaintiff’s driver could not have known in advance the change of the Defendant vehicle vehicle. Moreover, the Defendant’s vehicle is a shocking accident of the Plaintiff’s vehicle normally driven from the side road to the one-lane road without entering the two-lane road, and the Defendant’s vehicle is trying to enter immediately from the side road to the one-lane road.

Therefore, the instant accident occurred due to the total negligence of the Defendant vehicle, and the Defendant, the insurer of the Defendant vehicle, is the insurer of the Plaintiff vehicle, is obligated to pay the Plaintiff the insurance money paid by the Plaintiff as the repair cost of the Plaintiff vehicle, KRW 3,923,500, and damages for delay.

B. (1) The following circumstances, which can be acknowledged by comprehensively taking account of the aforementioned evidence and the overall purport of the pleadings in fact-finding acknowledged prior to the ratio of negligence, i.e., the instant accident from the backway.