1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid 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 March 8, 2018, around 20:32, the Plaintiff’s vehicle was directly located in the three-lanes near the Busan High Sea Daegu High Sea, Busan High Port Hot Spring Road intersection, and continued to pass through the intersection on the three-lanes prior to the right of way, and went through the intersection on the two-lanes prior to the right of way, and then, it conflicts with the Defendant’s vehicle that combines the 1 and 2-lanes prohibited from passing into the two-lanes due to road works, and the two-lanes prohibited from passing on the road.

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

On April 3, 2018, the Plaintiff paid 1,072,550 won for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-paid 300,000 won) as insurance money.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7 (including paper numbers), Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. All the circumstances, such as the evidence as mentioned earlier and the background of the accident occurring in the facts of recognition, the degree of conflict, and the degree of shock, namely, the Plaintiff’s vehicle, from the three-lanes in which the direct margin is prohibited, passes the intersection by straightening from the two-lanes in which the direct margin is the only straight line at the time of passing through the intersection, and the vehicle passing through the intersection by straightening from the two-lanes in the two-lanes only at the time of passing through the intersection, and the driver of the Plaintiff’s vehicle, who is straighten from the two-lanes in which the direct margin is naturally connected to the intersection, shall proceed from the two-lanes in which the direct margin is prohibited, and enter the three-lanes naturally, after passing through the intersection, shall closely examine the movement of the vehicle and enter the three-lanes in the intersection, without due care. Although the Defendant’s vehicle is a driver, the Plaintiff’s vehicle has violated the designated traffic method, but continues passing through the intersection.