All the defendant's appeal and the plaintiff's incidental appeal are dismissed.

Expenses for appeal shall be incidental to the defendant.

1. Basic facts

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

B. Around 15:00 on November 28, 2018, the Defendant’s vehicle driven along a two-lane 681 round-down (hereinafter “instant road”) from the north to the right side of the Korean Peninsula, leading to the right side of the Plaintiff’s vehicle that was going to enter the instant road to the right side of the Korean Peninsula by moving back from the right side to the right side of the instant road.

(hereinafter referred to as the “instant accident”). During this process, the Plaintiff’s driver, suffered injuries, such as brain-dead sugars, scarkes, and chrokes, chrokes, tensions, etc., in which there are no two boxes in which E, a driver of the Plaintiff’s vehicle, had been injured.

C. By May 30, 2019, the Plaintiff paid KRW 5,393,880,000 as insurance money to E, in addition to medical expenses, KRW 2,893,880, and KRW 2,500,000, in accordance with the special agreement on the motor vehicle injury security.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including paper numbers; hereinafter the same shall apply), images, voice, and the purport of the whole pleadings

2. Determination

A. The following circumstances that can be recognized by comprehensively taking account of the above facts recognized as the fault ratio, namely, the road of this case is one-lane road, and the width of the vehicle of this case is 2.95 meters wide, but the difference is merely 0.5 meters wide, and thus, it is difficult to deem that the vehicle of this case was driven on the inside of the center line accurately. According to the traffic accident analysis conducted by the branch of the Road Traffic Authority of Gangwon-do branch of the Road Traffic Authority, the vehicle of this case is not the last location of the vehicle of this case after the accident, regardless of whether the vehicle of this case is the median line of the Plaintiff and the Defendant vehicle of this case. However, according to the traffic accident analysis conducted by the branch of the Road Traffic Authority of Gangwon-do, the vehicle of this case is the vehicle of this case.