1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the driver of C vehicle (hereinafter “Defendant vehicle”).

B. On September 15, 2017, around 19:10 on September 15, 2017, the Defendant’s vehicle was proceeding with an apartment near the Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul. However, in the process where the Plaintiff’s vehicle, which was proceeding from the right side of the running lane of the Defendant’s vehicle, entered the point where it is combined with the running lane of the Defendant’s vehicle, the part on the right side side of the Plaintiff’s vehicle and the back part, etc. were shocked with the left side side of the Defendant’s vehicle.

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

On October 26, 2017, the Plaintiff paid KRW 4,532,200 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 2, the purport of the whole of the pleading or video

2. The assertion and judgment

A. Since the point where the Plaintiff’s assertion of this case is located along with roads, the point where the instant accident occurred frequently enters the said point, the vehicle’s movement, etc. should be sufficiently examined when entering the said point.

However, even though the Plaintiff’s vehicle entered first at the point of the instant accident, the Defendant’s vehicle neglected the above duty of care and caused the Plaintiff’s vehicle to shock. Therefore, the fault ratio between the Plaintiff’s and the Defendant’s vehicle should be 40:60.

Therefore, the defendant is obligated to pay 2,719,320 won (=4,532,200 won x 60%) and delay damages for the insurance money paid by the plaintiff to the plaintiff.

B. The following circumstances that can be acknowledged by the evidence mentioned above, and the joint road along which the Plaintiff’s vehicle is running, a temporary suspension line and a concession sign are installed immediately before entering the point of the instant accident, while the vehicle in the lane where the Defendant’s vehicle is running, are straight on the floor.