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. Basic facts

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

B. On January 18, 2016, around 12:20 on January 18, 2016, the Plaintiff’s vehicle had an accident involving the Defendant’s vehicle proceeding in the same direction against the Defendant’s vehicle, which was proceeding in the same direction while driving on the 4nd line at the southwest of Sung Man-gu, Seoul.

(hereinafter “instant accident”). C.

On August 16, 2016, the Plaintiff paid KRW 594,500 insurance money at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 6 and the purport of the whole pleadings

2. The plaintiff and the defendant asserted that the accident of this case occurred due to the total negligence of the other party's vehicle since the other party's vehicle was shocked by the other party's vehicle while the other party's vehicle was driven normally.

According to the above evidence, it is recognized that the part of the plaintiff vehicle's left side, the rear part and the rear part of the defendant vehicle's front side and the rear part are faced with each other. In light of the above facts, it is difficult to recognize the circumstances of the accident asserted by the parties only with the statement of such collision side or Gap evidence No. 7 (including the provisional number) and the collision side of the two vehicles driving the same road is all sides of the vehicle, it is reasonable to deem that the accident in this case occurred due to the negligence of the plaintiff vehicle and the defendant vehicle driving in the same direction, and in light of the above conflict side, the rate of negligence between the plaintiff vehicle and the defendant vehicle is 30:70, taking into account that the defendant vehicle was behind the plaintiff vehicle at the time of the accident, considering that the vehicle was behind the plaintiff vehicle at the time of the accident.

The defendant is the defendant's vehicle.