1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On January 28, 2019, around 09:44, there was an accident that conflicts between the right side of the Plaintiff’s vehicle and the front side of the Defendant vehicle on the opposite line of the Defendant vehicle and the opposite line of the Defendant vehicle, in which the traffic control is not carried out because of on-and-off signals, etc. near the West-gu, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, and the traffic control is not carried out.

(hereinafter “instant accident”). C.

On March 8, 2019, the Plaintiff paid insurance proceeds of KRW 3,000,000 (except for one’s own shares of KRW 500,000) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

The E Committee considered the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle in the instant accident as 70:30, and on August 27, 2019, the Plaintiff paid KRW 1,480,620, the amount equivalent to the fault ratio of the Plaintiff’s vehicle out of the repair cost of the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s vehicle entered the intersection, and the Defendant’s vehicle violated the duty of frontway and safe driving, etc., and thus, the Defendant’s vehicle is liable for 50% of the occurrence of the instant accident. Of the total damages of KRW 5,115,189 due to the instant accident, the amount to be borne by the Plaintiff is KRW 2,557,50. However, the Plaintiff paid KRW 4,480,620 exceeding the said share of the Plaintiff’s reimbursement and the repair cost of the Plaintiff’s vehicle. Accordingly, the Defendant shall pay the Plaintiff KRW 1,923,030 paid by the Plaintiff in excess of the said share of the Plaintiff’s reimbursement, and delay damages therefrom. 2) As the instant accident occurred entirely due to the Plaintiff’s fault, the Plaintiff’s claim is without merit

(b) Determination 1 percentage of negligence;