1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. At the time of the occurrence of the basic fact-finding accident, the Plaintiff, on April 26, 2018, paid the insurance money for the collision (hereinafter “instant accident”) with the Plaintiff’s insured vehicle (hereinafter “Defendant vehicle”) that the insured vehicle (hereinafter “Plaintiff”) was going to go to the intersection, as described in the attached site map of the accident scene, at the front side of the Dobongdong-dong apartment apartment in Dobong-gu, Seoul at the location around 18:00 on April 26, 2018 at the time of the insured vehicle’s insurance relationship, when the insured vehicle (hereinafter “Defendant vehicle”) went to the right side of the Plaintiff vehicle, is overtaking the Plaintiff vehicle, and the Plaintiff paid the insurance money for the collision with the Plaintiff’s vehicle (hereinafter “instant accident”), as follows.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, and the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances revealed by the evidence and the purport of the entire pleadings as seen earlier, it is reasonable to view the instant accident as a concurrent occurrence of the Plaintiff’s vehicle and Defendant’s vehicle’s negligence.

① The previous Plaintiff’s vehicle runs slowly at the intersection and runs ahead to the port, resulting in collision with the Defendant’s vehicle that runs ahead of the direction to the port. The Plaintiff’s vehicle is negligent in failing to perform its duty of safe driving required by the intersection.

② Meanwhile, the instant accident place is a narrow side in the vicinity of the apartment, and is installed up to the crosswalk, speed limit, and down, the surrounding vehicles, pedestrians, etc. should be checked and slow down.

In addition, although the plaintiff's vehicle has a somewhat direction toward the left side, it is difficult to see that the plaintiff's vehicle is driving slowly and the left-hand turn has already been completed.

Nevertheless, the defendant's vehicle is overtaking to the right side of the plaintiff's vehicle at a rapid speed without examining the previous plaintiff's attitude properly.