1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicles that are two-wheeled automobiles (hereinafter “Defendant vehicles”).

B. On August 23, 2017, at around 01:15, the Plaintiff’s vehicle proceeded along a road that is one-lane adjacent to the urban park located in Bupyeong-si, Seocheon-si, and was going through the intersection. However, the Defendant’s vehicle, following the Plaintiff’s vehicle, driving the said road in the same direction as the Plaintiff’s vehicle, followed the front side of the Plaintiff’s vehicle to the front side of the Plaintiff’s vehicle while overtaking the Plaintiff’s vehicle to the right side of the Plaintiff’s vehicle.

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

On October 19, 2017, the Plaintiff paid KRW 1,560,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred when the defendant vehicle overtakes the right side of the plaintiff vehicle while overtakings the plaintiff vehicle to the right side, although the accident in this case is prohibited from being overtaken to an intersection connected to the road, which is one-lane road. The plaintiff asserts that the responsibility for the accident in this case is entirely against the defendant vehicle.

In this regard, the defendant asserts that the accident of this case occurred while the plaintiff's vehicle makes a sudden round, and that the ratio of the plaintiff's vehicle's fault in the accident of this case should be reflected as 60%.

B. The following facts and circumstances acknowledged by the above facts and the overall purport of each of the evidence and arguments mentioned above, namely, the location of the instant accident, are prohibited from being overtaken by an intersection connected to the road that is one-lane, and the Defendant’s vehicle overtakes the Plaintiff vehicle to the right side of the Plaintiff vehicle under speed.