1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into an automobile insurance contract with respect to A vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer that entered into an automobile insurance contract with respect to B vehicles (hereinafter “Defendant”).

B. Around 10:10 on December 23, 2016, the Defendant’s vehicle was straighted along the three-lanes of the third-lane road in the vicinity of the Gung-dong, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do. On December 23, 2016, the opposite part, as soon as possible, moved the Plaintiff’s vehicle entering the intersection by immediately turning the third-lanes of the third-lane road into the intersection.

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

On March 14, 2017, the Plaintiff paid insurance proceeds of KRW 500,000,000, out of the medical expenses of the passengers aboard the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2, Gap evidence 6, 7, Eul evidence 1 and the purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the fact that the Plaintiff’s alleged vehicle entered the intersection where the instant accident occurred, the Defendant’s vehicle, without reducing the speed of the Plaintiff’s vehicle while witnessing, caused the instant accident, the shock level of the Plaintiff’s vehicle and the Defendant’s vehicle, and the structure and width of the intersection, it is reasonable to view the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as to the instant accident as 5:5.

Therefore, the defendant, the insurer of the defendant vehicle, is obligated to pay 50% of the insurance money paid by the plaintiff to the plaintiff.

(b) Where a driver of any motor vehicle intends to make a left turn at the intersection, he/she shall slowly go slowly along the intersection along the median line of the road and turn to the left at the center of the intersection (Article 25 (2) of the Road Traffic Act), and the driver of any motor vehicle who turn to the left at the zone prior to the intersection of the intersection shall make the left turn to the left so as not to interfere with the motor vehicle coming from the opposite side;

Table 6 No. 6 II of the Enforcement Rule of the Road Traffic Act

1.(b)

See No. 329, however, Gap 6.