1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The facts of recognition: ① The Plaintiff is the insurer of the vehicle C (hereinafter “Plaintiff”) and the Defendant is the insurer of the vehicle D (hereinafter “Defendant vehicle”); ② the Plaintiff’s vehicle was entering the intersection where no signal was given before the Fow located in Gangseo-gu Seoul Metropolitan Government on April 20, 2018, and was proceeding slowly on the left side of the Plaintiff’s vehicle. However, the Defendant’s vehicle was not going through the intersection at the time of the instant accident (hereinafter “instant accident”); ③ At the time of the instant accident, the Defendant’s vehicle did not go through the intersection; ④ the Plaintiff, as the insurer on May 29, 2018, deducted KRW 200,000 from its repair cost, and paid KRW 794,950,00 for the Plaintiff’s vehicle as the whole, by adding the evidence set forth in subparagraphs 1 through 37, 17, and 17, and 37, etc.

2. The first instance court determined that the instant accident occurred both 35% of the negligence of the Plaintiff’s driver and 65% of the negligence of the Defendant’s driver. Accordingly, the Plaintiff asserted that the instant accident occurred due to the total negligence of the Defendant’s driver.

In light of the following circumstances, the Plaintiff’s vehicle entered the intersection, i.e., the intersection that is recognized by the aforementioned evidence, i.e., the passage of the Plaintiff’s vehicle, ii) the driving lane of the Plaintiff’s vehicle was along the intersection, and the Plaintiff’s driver was passing through the intersection by slowly, and iii) the Defendant’s vehicle was passing along the median line and entered the intersection without complying therewith, it is deemed that there was a gross negligence on the part of the Defendant’s driver in relation to the instant accident.

However, the driver of the plaintiff vehicle also passes through the intersection.