1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid additionally shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with C Motor Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with D OE (hereinafter “Defendant OE”).

B. On May 15, 2019, in the event of the instant accident, the Plaintiff’s vehicle runs along a one-lane near the E in Ansan-si on May 15, 2019, while changing its direction to the right side in order to enter the side road located on the right angle side of the right side, and the Defendant Orala, which was going behind, tried to pass through the safety zone in front of the intersection and go straight ahead to the right side of the Plaintiff’s vehicle, and both parties conflict (hereinafter “instant accident”).

On January 31, 2020, the Plaintiff paid KRW 4,207,850 (except for KRW 300,000 on the insurer’s own charge) at the repair cost of the Plaintiff’s vehicle due to the instant accident.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1 through 13 (including each number), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties was difficult to anticipate that the Defendant’s vehicle passed through the safety zone and would overtake the Plaintiff’s vehicle. As such, there was a gross negligence on the part of Defendant Obane.

The argument is asserted.

In this regard, the defendant asserts that the plaintiff's vehicle is responsible for at least 50% since it was negligent bypassing rapidly through the intersection.

B. The following circumstances acknowledged prior to the error ratio and the overall purport of the arguments, namely, the location of the instant accident, which is one-lane road, were attempted to overtake the Plaintiff’s vehicle by passing through the safety zone by the Defendant Orala, which was subsequently driven, and the instant accident appears to have occurred.