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

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On March 11, 2007, around 13:31, 207, the Plaintiff’s vehicle was straight along a side road, without distinguishing the median line near the Daegu Pungdong Domsan river, and found and stopped that the vehicle was parked on the front right side of the direction of the direction when the road in the direction is divided into two streets, and the road in the direction comes into two streets.

Plaintiff

The vehicle, as seen above, did not move the above parked vehicle, proceed to the left side by changing the direction, and at that time, the entrance section behind the right side of the Defendant vehicle, which passed from the rear of the Plaintiff vehicle to the left side of the Plaintiff vehicle, was shocked into the front part of the front left part of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

On March 28, 2017, the Plaintiff paid KRW 3,372,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 1, 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred due to the negligence on the part of the Defendant, who attempted to overtake the Defendant without due care for the surrounding traffic conditions.

B. The Defendant’s vehicle: (a) reported that the Plaintiff’s vehicle stopped, and attempted to overtake the vehicle to the left-hand side of the Plaintiff’s vehicle; (b) the Plaintiff’s vehicle immediately changed its course to the left-hand side without prior notice; and (c) thus, the Defendant’s vehicle

3. Determination

A. The following circumstances acknowledged in light of the above recognized facts and the evidence as seen earlier, namely, ① the Plaintiff’s vehicle, after finding out that the vehicle is parked in the direction of its proceeding, stops for a considerable period of time.