1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the supplementary participation.

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to B-Vehicles (hereinafter “Plaintiffs”).

The Defendant is an insurer who has concluded an automobile insurance contract with respect to vehicles C (hereinafter referred to as “Defendant vehicle”).

B. On December 19, 2016, the Plaintiff’s vehicle and the Defendant’s vehicle proceeded with the roads of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 14-gil 22, in the direction of the south left-side distance from the boundary of Heungnam bank.

In order to overtake the plaintiff's vehicle ahead of it over the boundary line between the first lane and the second lane, the accident occurred that the part of the plaintiff's left upper part of the vehicle that the plaintiff's vehicle entered into the first lane and the front part of the defendant's vehicle in order to return to the opposite lane beyond the center line.

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

On January 18, 2017, the Plaintiff paid insurance proceeds of KRW 1,033,400 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 8 through 11, and the purport of Gap evidence 6 as a whole

2. Determination as to the cause of action

A. The Plaintiff’s ground of appeal was at night at the time of the instant accident, and thus, there was a considerable restriction on the view of the front and front sides, and the Defendant’s vehicle’s attempt to overtake with the center line ought to be absolutely prohibited. In light of the above, the Plaintiff’s assertion that the negligence of the Defendant’s vehicle in relation to the instant accident is 10%.

B. The following circumstances revealing the occurrence of liability for damages, the ratio of liability, and the overall purport of the arguments in the evidence revealed earlier, namely, ① the above road is two-lanes and the center line of yellow solid lines was installed, ② the Defendant vehicle driver runs ahead of the opposite vehicle by driving the opposite vehicle beyond the center line in order to overtake the Plaintiff vehicle, a prior vehicle.