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 who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. While Defendant vehicle passes through the intersection of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant intersection”) on July 3, 2017 on or around 17:30, the front gate of Plaintiff vehicle entering the right side of Defendant vehicle and the front gate of Defendant vehicle are facing each other.

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

On August 23, 2017, the Plaintiff paid insurance proceeds of KRW 6,092,300 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 (including branch numbers), the purpose of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances, i.e., ① the instant intersection is located in a narrow runway and does not perform specific traffic control, and the vehicle seeking to enter the instant intersection is obliged to safely pass the intersection in a different direction by examining whether there is a vehicle entering the instant intersection in other directions. ② Nevertheless, the Plaintiff’s driver tried to pass the instant intersection at a very rapid speed, without checking whether there is a vehicle entering the right and right and right and right and without accelerating, after entering the instant intersection. The Defendant’s vehicle also enters the instant intersection without examining the movement of other vehicles, etc. entering another direction and neglecting its duty to stop. ③ The instant accident occurred by entering the instant intersection with the Defendant’s vehicle without checking whether there is a vehicle entering the right and right and right and right and right and duty to stop.