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

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”).

B. On April 4, 2018, around 09:46, the Plaintiff’s vehicle driven three lanes in front of the building in Gangnam-gu Seoul Metropolitan Government, and entered the vehicle bypass to enter the E station located on the right side, and the Defendant’s front part of the Defendant’s bicycle, which was reported in the same direction, was shocked with the front part of the Plaintiff’s vehicle.

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

On April 10, 2018, the Plaintiff paid KRW 1,472,00 as insurance money after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 2 and 3, and the whole purport of the pleading

2. Determination

A. In full view of the following circumstances, namely, the Plaintiff’s vehicle seeking to enter a gas station through the sidewalk while driving on the road, which had to closely examine the situation of the sidewalk and enter the sidewalk, and the accident of this case occurred while entering the sidewalk, without any temporary stop, seems to have been difficult for the Defendant to anticipate the Plaintiff’s entry of the vehicle. Considering that the Defendant’s collision with the Plaintiff’s vehicle without driving the bicycle at a rapid speed, and the fact that it fell short of the direction of proceeding after the collision with the Plaintiff’s vehicle, it appears that the Defendant could not drive the bicycle at a later speed. However, in light of the fact that the instant accident occurred while driving on the sidewalk despite the fact that the Defendant could not drive the bicycle at the sidewalk (Article 13-2 of the Road Traffic Act), the accident of this case was committed by the Plaintiff and the Defendant, and other circumstances surrounding the accident, collision, etc., the rate of negligence of the Plaintiff and the Defendant caused the collision.