1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be additionally paid shall be revoked.

1. Basic facts

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

B. On September 13, 2017, at around 12:25, the Plaintiff’s vehicle proceeded in a two-lane which is the straight line and left-hand turn among the three-lanes of Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, and changed the vehicle into one-lane in order to turn to the left immediately before passing through the intersection. The Defendant’s vehicle running a one-lane, the right-hand left-hand turn, did not turn to the left at the intersection, while the Defendant’s vehicle, which was driving in the same direction, did not turn to the left-hand turn, was shocked

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

On December 21, 2017, the Plaintiff paid KRW 800,000 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, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination

A. A. The summary of the Plaintiff’s assertion 1) The instant accident occurred by one’s negligence on the part of the Defendant’s vehicle, who was directly engaged in an accident in one lane in which direct dust is not allowed according to the surface indication. The Plaintiff paid the insurance money of KRW 800,000 at the repair cost of the Plaintiff’s vehicle, thereby acquiring the right to claim compensation for the damages against the Defendant’s driver by subrogation by an insurer under Article 682 of the Commercial Act. Therefore, the Defendant, the insurer of the Defendant’s vehicle, is liable to pay the Plaintiff the indemnity amount of KRW 80,000 and the damages for its delay. (ii) The Defendant’s vehicle, who is the insurer of the Defendant’s vehicle, is able to have a direct dust in one lane due to the lack of a surface prohibiting direct dust on the part of the Defendant’s vehicle running along the intersection. The instant accident occurred by the entire fault of the Plaintiff’

(b) the percentage of fault;