1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

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

B. On February 22, 2018, while the Plaintiff’s vehicle was directly engaged in the road near the funeral hall of the F Hospital located in Guri-si E, the previous vehicle was stopped and the Plaintiff’s vehicle was also stopped.

However, there was an accident that the Defendant, who entered the road behind the Plaintiff’s vehicle, moving along the direction of the Plaintiff’s vehicle driving on the left-hand side of the left-hand side, caused an accident attributable to the Plaintiff’s driver’s seat

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

On February 28, 2018, the Plaintiff paid insurance proceeds of KRW 618,400 (excluding self-charges 200,000) at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7, or the purport of whole pleadings

2. Determination

A. According to Article 26(1) of the Road Traffic Act, the driver of a vehicle who intends to drive the instant accident into the intersection where traffic is not controlled shall yield the course to other vehicles, when there are other vehicles already entering the intersection.

According to the above facts, the defendant's vehicle entered the intersection due to a backward shock, and caused the plaintiff's vehicle in a stop without fulfilling the above obligations, and the driver's negligence on the part of the defendant's driver was a whole cause of the instant accident.

Therefore, the fault ratio of the driver of the Defendant vehicle in the instant accident is recognized as 100%.

B. The fact that the Plaintiff, the insurer of the Plaintiff vehicle, who is the insurer of the Plaintiff vehicle, paid the insurance proceeds of KRW 618,400 as the repair cost of the Plaintiff vehicle is as seen earlier. Accordingly, the Defendant vehicle driver exempted the Defendant vehicle from liability for damages equivalent to the rate of KRW 100,00, out of the above 618,400, which is equivalent to that of said 100