1. The part of the judgment of the court of first instance against the defendant in excess of the amount ordered to be paid below shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiff”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with respect to B buses (hereinafter “Defendant”).

B. On February 2, 2015, around 19:30 on February 2, 2015, the Defendant’s vehicle is proceeding in accordance with the volume of one lane in the Dong-dong, Incheon Metropolitan City, and was proceeding at a high speed as soon as possible pursuant to the straight distance signal near the Manan Dong-dong Residents’ Center, and was proceeding on the back side of the right side of the mama in the intersection, without any accident prevention measures even if the Plaintiff’s vehicle was discovered, which was going straight directly into the left side of the Defendant’s vehicle’s proceeding, and the part of the front part of the Plaintiff’s vehicle’s left side was shocked with the front part of the Defendant vehicle’s right side.

(hereinafter “instant accident”). C.

By April 14, 2015, the Plaintiff paid the insurance proceeds of KRW 8,823,380 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the defendant's vehicle runs at a speed above the distance intersection without a signal apparatus, neglecting the duty of front-waying, and then finds the plaintiff's vehicle going on the right side of the road late and proceed at a speed above as it is without taking prompt action. Since the above ratio of the defendant's vehicle's negligence is at least 40%, the defendant is obliged to pay to the plaintiff 3,529,350 won, which is equivalent to 40% of the negligence ratio of the defendant's vehicle among the above insurance amount of 8,823,380 won, and delay damages therefor.

In this regard, the defendant is normal in accordance with the straight line at the intersection where the defendant's vehicle has a signal apparatus.