1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

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

B. On October 4, 2016, around 09:00, the Defendant’s vehicle, who was going straight from the two-lanes in the opposite direction while the Plaintiff’s vehicle was making a left-hand turn at a three-distance intersection where there was an accident where C, D, and E is injured by the passenger of the Defendant vehicle (hereinafter “instant accident”).

C. On November 25, 2016, the Plaintiff paid KRW 2,785,990 in total to C, D, and E, who were wounded due to the instant accident (i.e., KRW 483,230, to C, KRW 904,980, KRW 1,397,780).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle, which neglected such duty of care, even though the vehicle was operated safely by taking into account the movement of the vehicle passing on the front side and the left side while driving the vehicle, and thus, the fault ratio of the Defendant’s vehicle should be deemed to exceed 40%. As such, the Defendant should pay to the Plaintiff the damages incurred by the Plaintiff, including the medical expenses paid to the injured, KRW 1,14,390, a total of KRW 40% of the damages paid by the Plaintiff to the injured.

(2) The Defendant’s assertion that the instant accident is going to turn to the left at an intersection where traffic is not controlled, shall stop or temporarily and yield the right of way to the vehicle going to the intersection where the Defendant is going to the left at the intersection where the traffic is not controlled. However, the Plaintiff’s vehicle, who violated this provision and did not check the progress of the Defendant’s vehicle, shall turn to the left without a speed.