Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

1. Facts of recognition;

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

B. On January 7, 2019, while the Plaintiff’s vehicle was seeking to make a right-hand passage from the three-distance located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, the Defendant’s vehicle, which was proceeding on the left side of the same lane as the Plaintiff’s vehicle (a wider width to the extent that two-price traffic is possible), is only the Plaintiff’s vehicle.

While turning on the direction direction, etc., a large radius was delayed, the Defendant’s vehicle continued to turn on the right side of the Plaintiff’s left side of the vehicle while the right side was shocked (hereinafter “the instant accident”).

On March 26, 2019, according to the above insurance contract, the Plaintiff paid KRW 2,005,90,000, which deducts 480,000 of its own contributions from the insurance money equivalent to the repair cost due to the instant accident to the insured of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings]

2. Determination:

A. According to the above facts, the accident in this case occurred due to the mistake of bypassing the plaintiff's vehicle toward the plaintiff's vehicle without sufficiently examining the movement of the plaintiff's vehicle when the defendant vehicle is proceeding behind the same lane as that of the plaintiff's vehicle while moving at a speed and at the same time at the same time as the plaintiff's vehicle.

Recognized.

Meanwhile, in light of the fact that the vehicle of the Plaintiff’s vehicle is also a place where two lanes of the accident site may be combined, the Defendant’s vehicle driving on the left side of the vehicle was neglected to prevent the collision by reducing the speed or driving on the right side.

I seem to appear.

B. The background of the occurrence of the instant accident, the road condition of the place where the accident occurred.