1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to the BW vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid operator who entered into an automobile mutual aid contract with respect to the CMW vehicle (hereinafter “Defendant vehicle”).

B. On July 9, 2017, between around 11:00 and 11:23, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and proceeded along a one-lane road near the station located in Gyeonggi-gu E (hereinafter “instant station”). While the Plaintiff’s vehicle was moving back to the intersection of the upstream-gu three-way crossing (hereinafter “instant intersection”) in front of the oil station, the Plaintiff’s vehicle followed the Plaintiff’s vehicle to the right side of the Defendant’s vehicle in order to make a right-hand back from the rear bank of the instant vehicle to the right-hand side of the instant intersection, there was an accident that conflict between the front and front part of the Defendant’s vehicle and the front part of the Plaintiff’s steering even and the rear part of the back part.

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

On July 27, 2017, the Plaintiff paid insurance proceeds of KRW 247,390 in total with the repair cost of the Plaintiff’s vehicle to the FSC, etc. due to the instant accident.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 7, Gap evidence Nos. 3 through 6, Gap evidence No. 8-1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the original vehicle runs slowly at the right edge of the road in order to make a right-hand, and then temporarily stop at the intersection of this case, and thereafter the vehicle was cut to a narrow space between the plaintiff's vehicle and the oil station of this case in order to make a right-hand, and the accident of this case occurred. Accordingly, the driver of the plaintiff's vehicle finds that the defendant's vehicle was cut to a right-hand side between the plaintiff's vehicle and the oil station of this case.