1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with CM5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with Dalledo vehicle (hereinafter “Defendant vehicle”).

B. On September 2, 2018, at around 12:37, the Plaintiff’s vehicle entered the intersection along the intersection where it does not signal near the Fridge in Seongbuk-gu, Sungnam-si, the accident occurred by the Defendant’s vehicle due to its shocking the left side of the Defendant’s vehicle, which was passing the intersection by one-lane of the two-lanes of the vehicle registration office, from the intersection to the slope of the vehicle registration office (hereinafter “instant accident”).

C. The Defendant paid KRW 12,00,000 at the repair cost of the Defendant’s vehicle, and filed a request for deliberation with the G Deliberation Committee as the respondent. On November 19, 2018, the G Deliberation Committee deemed the ratio of the instant accident to Plaintiff 70%, Defendant 30%, and determined the ratio to the liability of the instant accident to KRW 8,403,50 (12,005,000 x 70%) as the amount for deliberation and resolution.

The Plaintiff paid KRW 8,403,500 to the Defendant on October 30, 2018, and KRW 4,400,000, and KRW 4,03,500 on November 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7 (including branch numbers for those with branch numbers), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle entered the intersection and had the right of priority to pass, so the instant accident occurred by entering the intersection beyond the restricted speed, even though the Defendant’s vehicle should have gained the course by driving or temporarily stopping at the time of entering the intersection.

In light of the circumstances leading up to the occurrence of the instant accident, the driver of the Defendant’s vehicle in the instant accident.