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

The defendant 51. The plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On December 20, 2016: (a) around 06:13, 2016, when the Plaintiff’s vehicle driven by C at the Hoi-do, Young-gu, Busan, Young-do, to turn to the left at the port fire-fighting intersection of the port in the main 2 complex, the Plaintiff’s accident occurred (hereinafter “the instant accident”) caused by the Plaintiff’s passenger on the left side of the Defendant’s vehicle (hereinafter “victim”) who is a passenger of the Defendant’s vehicle (hereinafter “victim”) going to the left side of the port fire-fighting box in the front right part of the Plaintiff’s vehicle.

C. On January 6, 2017, the Plaintiff paid KRW 456,800 after deducting KRW 200,000 of the Plaintiff’s automobile repair cost of KRW 656,800 due to the instant accident, and paid KRW 600,000 to the victim for medical expenses and damages.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Plaintiff’s assertion that the instant accident occurred while the Defendant’s vehicle was entering the intersection to turn to the left, but the Defendant’s vehicle was forced to turn to the left without temporarily suspending the Plaintiff’s vehicle and left as it is without temporarily stopping, and thus, the Defendant’s fault ratio should be deemed to exceed 60%.

(2) The Defendant’s assertion that the instant accident occurred due to the unilateral negligence of the Plaintiff’s vehicle due to an accident in which the Plaintiff’s vehicle driving the Defendant’s vehicle driving directly along one lane of the two lanes of letter, coming from the apartment to the road on the left side of the Defendant’s vehicle.

B. (1) Determination is made by Article 26 (4) of the Road Traffic Act, where traffic is not controlled.