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

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. Around 08:00 on February 27, 2019, the Defendant’s vehicle attempted to make a right-hand passage on the two-lane road located in the F University E (hereinafter “instant road”) located in Yangsan-si, the front left-hand part of the Plaintiff’s vehicle that proceeded by bypassing from the two-lanes of the instant road.

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

On March 29, 2019, the Plaintiff paid KRW 812,500,00 as insurance money after deducting KRW 200,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 7, and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. The following facts and circumstances that can be acknowledged by comprehensively taking account of the above facts and circumstances, namely, ① the first and the second lanes of the road in this case are divided into a white solid line with the right line on the right line; ② the driver of the Plaintiff appears to be negligent in disregarding the surface indication while driving along the two lanes; ③ the driver of the Defendant vehicle is deemed to have been negligent in driving on the right line with the white solid line on the left side of the running direction; ③ the vehicle is deemed to have been negligent in neglecting the direction of the Plaintiff’s vehicle when entering the right line, and in light of the circumstances surrounding the accident in this case, such as the Plaintiff’s failure to perform his duty to make a right-way and safely, and the collision parts of the vehicle, the accident in this case is deemed to have occurred concurrently with the Plaintiff’s vehicle and the Defendant’s vehicle in this case. In light of all the circumstances, the aforementioned ratio is 80:20.