1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. Facts of recognition;

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

B. On November 19, 2017, around 19:48, the Plaintiff’s vehicle collisioned the left-hand side of the Defendant’s vehicle and the left-hand side of the Plaintiff’s vehicle, where the Plaintiff’s vehicle near the F childcare center located in Dongjak-gu Seoul Metropolitan Government, was driving on a backway.

(hereinafter referred to as "the accident of this case". (c)

On November 30, 2017, the Plaintiff paid KRW 2,780,000 with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. The plaintiff alleged by the parties that the accident in this case occurred due to the collision of the plaintiff's vehicle stopped at the right side of the road in order to avoid the accident while driving at a rapid speed from the right side of the defendant's vehicle, while the defendant's vehicle is also negligent by the whole negligence of the defendant's driver. However, the plaintiff's driver also has the negligence of driving the vehicle by breaking the virtual center line.

3. The following circumstances acknowledged by the above-mentioned facts and the evidence revealed earlier, namely, the place where the accident in this case occurred, are roads with no center line marking on back streets, and the normal traffic of the vehicle is sufficient. At the time, night and the view of the vehicle was restricted, and the Defendant’s vehicle was driving on the road nearly above the center line on the road, and the Plaintiff’s vehicle appears to have stopped immediately before the collision, by taking full account of the following circumstances: (a) the place where the accident in this case occurred is the road where the center line is located; and (b) the vehicle is going beyond the center line on the right side of the road; and (c) the vehicle is deemed to have stopped immediately before the collision.