1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On October 17, 2018, the Plaintiff’s vehicle passed the intersection in front of E at Sinsi, Sinsi on October 23:46, 2018, and the lower wheels of the Defendant’s vehicle passing the intersection from the right side of the Plaintiff’s vehicle to the front side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). The instant accident suffered injury to F and G, which was aboard the Plaintiff’s vehicle due to the instant accident.

C. By November 29, 2018, the Plaintiff paid KRW 27,831,100 for the repair cost of Plaintiff’s vehicle due to the instant accident, and KRW 4,390,870 for F and G medical treatment costs and agreed amount, and KRW 32,22,070 for insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The following circumstances, which are acknowledged by comprehensively considering the facts of the above recognition and the purport of the entire arguments, are as follows: ① the place where the accident in this case occurred is a private distance crossing; ② both the Plaintiff’s and the Defendant’s vehicle were in a straight speed; ② the driver of a vehicle seeking to drive a motor vehicle into an intersection where traffic is not controlled; ② the driver of a motor vehicle seeking to drive a motor vehicle into an intersection where the traffic is not controlled shall yield the way to the other motor vehicle if the other motor vehicle is already entering the intersection (Article 26(1) of the Road Traffic Act); ③ the driver of the motor vehicle having the right of way to the right of way to the right of the road (Article 26(3) of the Road Traffic Act).