1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter “Defendant”).

B. On January 31, 2016, around 13:25, the driver of the Plaintiff’s vehicle stopped at the second line (on a straight line) between the two-lanes in front of the intersection in front of the Seoul Central Elementary School in Yeongdeungpo-gu, Seoul. The driver of the Defendant’s vehicle, who was trying to make a right-hand transfer of the Plaintiff’s vehicle behind the Plaintiff’s vehicle, changed the vehicle to the first lane (on a right-hand lane) in order to overtake the Plaintiff’s vehicle and drive it again into the second two-lane, and tried to enter the vehicle again into the front right-hand side of the Defendant vehicle (hereinafter “instant accident”).

C. On February 25, 2016, the Plaintiff paid KRW 5,638,00 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, 6, 7 evidence, Eul evidence 1 and the purpose of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that the instant accident occurred by shocking the Plaintiff’s vehicle that the driver of the Defendant vehicle moves to a one-lane (on the frontway) to overtake the Plaintiff’s vehicle, and that the instant accident occurred by shocking the Plaintiff’s vehicle seeking to circumvent from a two-lane (on the frontway and the rightway). Therefore, the Defendant’s driver’s negligence occurred.

(2) The defendant, because the plaintiff vehicle did not turn on the direction of right-on at the two-lanes (on the right-way and right-way lanes) and stopped in front of the intersection, the driver of the defendant vehicle passed the vehicle in front of the plaintiff vehicle by considering it as the vehicle that attempted to drive the plaintiff vehicle. The accident of this case occurred due to the moving of the plaintiff vehicle in the future, even though the stopped vehicle cannot move to a stop signal, and therefore the accident of this case occurred.

(b).