1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Basic Facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the AW M6 automobiles (hereinafter “Defendant”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the BMW M6 automobiles (hereinafter “Defendant”).

B. On May 26, 2014, around 08:50, at the new intersection (hereinafter “instant intersection”), the Plaintiff’s vehicle is proceeding along a one-lane road in the direction of the running of the Plaintiff’s horse, while proceeding one-lane between the two-lanes toward the left side of the direction of the Plaintiff’s vehicle, the front part of the front part of the Defendant’s vehicle running along the instant intersection was shocked by the front door part of the Plaintiff’s vehicle.

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

On April 2, 2015, the Plaintiff paid 14,945,000 won of insurance money equivalent to 70% of the negligence ratio of the Plaintiff’s vehicle out of KRW 21,350,000, which the Defendant paid to the insured of the Defendant vehicle.

[Reasons for Recognition] A, Gap's 1, 2, 4 through 7, 9, Eul's 1 to 9, Eul's 1 to 9, and Eul's 1 to 9 were involved in the accident of this case, and the overall purport of the argument of this case was as follows: the traffic control was not performed in a flickering state; in the case of an intersection where traffic control is not performed, the Road Traffic Act grants priority to the vehicle that entered the line under the premise that the traffic control was performed at the time of entry into the intersection, and the traffic control was performed (see Article 26 (1) of the Road Traffic Act). In this case, the entry must clearly be made; the entry of the line is in proportion to the simultaneous entry; the distance of temporary suspension or the performance of the duty of slowly; thus, it is difficult to recognize that the passage from the intersection to the point of accident at the point of stop to the intersection.