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

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C vehicle (hereinafter “Plaintiff vehicle”) and D vehicle (hereinafter “Defendant vehicle”).

B. Around 17:20 on April 26, 2019, the Plaintiff’s vehicle was transferred by right from the front side of the Seoul Jung-gu E-gu, Jung-gu, Seoul to the right side and was shocked with the Defendant’s vehicle that entered by right by right as well as from the right side of the Plaintiff’s vehicle.

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

On May 24, 2019, the Plaintiff paid KRW 495,000 after deducting KRW 200,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.

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

2. The parties' assertion

A. The accident of this case occurred in the Defendant’s vehicle, which was in the front of the right of way, prior to the side road, trying to make a right of way by overcoming the Plaintiff’s vehicle that was in the front of the right of way. The Defendant’s vehicle is fully responsible.

B. The Defendant’s instant accident occurred in the course of bypassing while driving along the back side road, and thus, the percentage of the Defendant’s fault on the part of the Defendant’s vehicle that was bypassing from the inside should be limited to 30%.

3. Determination

A. The following circumstances, which can be acknowledged by adding the evidence and the entire purport of the arguments that are shown in the above basic facts, namely, ① the Plaintiff’s vehicle and the Defendant’s vehicle try to enter the instant accident from the backway to the right side; ② the vehicle outside the Plaintiff’s vehicle and the Defendant’s vehicle were the front side of the vehicle; ② the Plaintiff’s vehicle was waiting to make a right side from the backway to the right side; ② the Defendant’s vehicle was waiting to leave the right side road to the right side space; ③ the Plaintiff’s vehicle attempted to make a right side by moving the vehicle to the right side space; ③ At that time, the Plaintiff’s vehicle attempted to a right side.