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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with Nonparty A’s B vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the Defendant C vehicle (hereinafter “Defendant”).

B. On August 30, 2013, at around 10:55, the Plaintiff’s vehicle at the E-and-off intersection near the Kimnam-si, Kim Jong-si (hereinafter “instant accident”) came to an accident where: (a) the Plaintiff’s vehicle ended along the intersection from the fourth-lanes between the fourth-lanes of the side of the Agricultural and Fishery Product Center; (b) the two-lanes between the two-lanes of the two-lanes of the side of the Agricultural and Fishery Product Center; and (c) the Defendant’s vehicle entered the bus to the bus and left the left at the center and shocks the part behind the right edge of the vehicle (hereinafter “instant accident”).

C. On October 23, 2015, the Plaintiff paid insurance proceeds of KRW 2,223,700 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) The driver of the instant vehicle seeking to make a left turn to the right at the intersection such as on-and-off lights, when there are other vehicles going to the right at the intersection, shall yield the right of way to the other vehicle, but the driver of the Defendant’s vehicle who neglected such duty of care and neglected the Plaintiff’s vehicle, and caused an illegal left turn to the left by the driver of the Defendant’s vehicle who illegally infringed upon

(2) The Defendant’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s driver, who was placed at a rapid speed from the right-hand exclusive road without neglecting the prior-hand speed and driving, even though the Defendant’s driver of the Defendant’s vehicle entered the instant road, such as on-and-off, etc., and the responsibility ratio is more than 60%

B. (1) Determination of Article 26 (4) of the Road Traffic Act is an intersection where traffic is not controlled.