1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. Paragraph (1) of this Article shall apply to the judgment of the first instance;

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with Nonparty A’s B vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with Nonparty C D vehicle owned by Nonparty C (hereinafter “Defendant”).

B. On August 22, 2016, around 09:05, in the valley section in the valley section in the operating Dong 2 apartment complex in Gyeyang-gu Incheon Gyeyang-gu, Incheon Metropolitan City, the Plaintiff’s vehicle was found to be bypass in the opposite lane and suspended, but the Defendant’s vehicle does not stop and proceeds as it is, and the Defendant’s vehicle did not stop, and there was an accident that shocks the front part of the driver’s seat in front of the driver’s seat of the Plaintiff vehicle (hereinafter “instant accident”).

C. On August 29, 2016, the Plaintiff paid insurance proceeds of KRW 1,396,600 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 1 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s unilateral negligence of the driver of the Defendant’s vehicle, who had neglected his duty to conduct safely by taking into account the movement of the vehicle passing on the front side and the right side while driving the vehicle.

(2) Although the Defendant’s assertion that the instant accident occurred is a duty to safely drive the instant vehicle by reducing the speed of two vehicles in the apartment complex in a narrow channel before commencing the right-way on a narrow channel, temporarily stopping the vehicle to the maximum extent possible at the edge of the road, or moving off the two-way vehicle at the edge of the road, but the Plaintiff’s vehicle did not take an accident prevention measure, such as making a sudden right-way stop immediately before the collision and sounding the warning immediately before the collision.