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

1. Basic facts

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 an insurer who has entered into an automobile insurance contract with respect to the automobile for the automobile for the two-wheeled vehicle (hereinafter “Defendant”).

B. On March 10, 2019, around 20:57, the Plaintiff’s vehicle waiting to wait for the proceeding signal at the fourth-lane stop line of the five-lane road in front of the other 79-lane road along the northwest-gu, Gwangju, Gwangju (hereinafter “instant accident”) and it was in conflict with the Defendant’s vehicle at the later side of the five-lanes, either the Plaintiff’s own in front of the vehicle, or the Defendant’s vehicle (hereinafter “instant accident”).

On April 11, 2019, the Plaintiff paid the remainder of 897,230 won after deducting 240,000 won of the Plaintiff’s own share as the repair cost, etc. for the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7, 9 through 13 (including various numbers for those with various numbers), Eul evidence and the purport of the whole pleadings and arguments

2. Determination:

A. The following circumstances can be acknowledged by comprehensively taking account of the evidence revealed prior to the determination of the right to indemnity: (i) the Plaintiff’s vehicle confirmed that green light has been loaded on the signal, etc. on the front side; (ii) since the departure of the Plaintiff’s vehicle, the Plaintiff’s vehicle does not confirm the form of the Defendant’s vehicle on the right side at the time of departure; (iii) the Defendant’s vehicle leaves the front side of the Plaintiff’s vehicle; (iv) it is difficult to anticipate and prepare the Plaintiff’s vehicle from the front side of the vehicle to the front side of the Plaintiff’s vehicle; and (v) it is difficult to expect the Plaintiff’s driver of the vehicle waiting at the intersection stop line and departing from the front side of the vehicle in accordance with the proceeding signals; and (v) other accidents, the instant accident occurred due to the previous negligence of the Defendant vehicle.

It is reasonable to view it.

B. Sub-decisions