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

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff-motor vehicle”).

The defendant is the owner and operator of B-vehicle which is a village bus transportation business entity (hereinafter referred to as "Defendant vehicle").

B. Around 13:03 on February 23, 2017, the Defendant’s vehicle temporarily stopped at the bus stops in the bus stops in order to get passengers to board and alight from the bus stops while driving a one-lane road in front of the comprehensive market for cancer death in Gangdong-gu Seoul Metropolitan Government at the shooting distance room in the rocks station. At that time, the Plaintiff’s vehicle was driven behind the Defendant’s vehicle and stopped down after the Defendant’s vehicle.

At a very rapid speed to overtake the Defendant’s vehicle, the Defendant’s vehicle is driving along the opposite lane beyond the yellow median line in order for the Plaintiff’s vehicle to get out of the passenger’s getting on and off, and there was an accident that the front part of the Plaintiff’s left side of the vehicle and the left side part of the Defendant’s vehicle are faced with in order for the vehicle to return to the Defendant’s original vehicle beyond the center line.

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

On March 2, 2017, the Plaintiff paid insurance proceeds of KRW 2,000,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The following circumstances revealed that the occurrence of liability for damages, the ratio of liability, and the overall purport of the arguments and arguments revealed as seen earlier, namely, ① the above road is one-lane and yellow lines are installed, and the traffic of the vehicle was considerably frequent in the two directions at the time of the instant accident, and ② the driver of the Plaintiff’s vehicle exceeds the center line to overtake the Defendant’s vehicle, which is the front vehicle.