1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The basic facts

The Plaintiff is an insurer who has concluded an automobile insurance contract on behalf of the Category C (hereinafter referred to as the “Plaintiff”) operated by the Plaintiff, and the Defendant is the insurer who has concluded the automobile insurance contract on behalf of the Category E (hereinafter referred to as the “Defendant”).

B. On May 24, 2016, around 14:40, while the Plaintiff’s vehicle was working as a one-way road going to the lower end of the 2nd Dong University at the port of Busan, there was an accident of contact with the Defendant’s vehicle seeking to enter the right-hand side from the left-hand side after passing the intersection to the left-hand side according to the proceeding signal.

(hereinafter “instant accident”). C.

On June 1, 2016, the Plaintiff paid KRW 1,050,700 as repair expenses for the Plaintiff’s vehicle according to an insurance contract.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1 to 5

2. Determination as to the cause of action

A. The plaintiff asserts that the driver of the plaintiff's vehicle should yield the course to the left-hand side road without signal, but the driver of the plaintiff's vehicle claims that the driver of the plaintiff's vehicle forced to enter without stopping and caused the accident in this case. The defendant claimed that the point of accident in this case is an intersection without signal, and the driver of the plaintiff's vehicle who is in a position in the course of the lawsuit should yield the course to the defendant's vehicle who is willing to turn to the left-hand at the left-hand side, and that the driver of the plaintiff's vehicle's vehicle's fault is greater than the driver's negligence because the driver of the plaintiff's vehicle forced to turn to the left-hand.

B. In full view of the following circumstances acknowledged by comprehensively taking account of the overall purport of the evidence presented earlier, the instant accident is a sudden and left-hand-hand accident at the intersection where traffic is not controlled by a signal apparatus, and is at fault of the driver of the Plaintiff vehicle.