1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance contract with respect to D motor vehicles (hereinafter “Defendant”), with respect to D motor vehicles (hereinafter “Defendant vehicle”).

B. Around September 13, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle, and entered the intersection of 291-lane from the intersection, which was 291.

Plaintiff

While the driver of the vehicle is going to turn to the right at the intersection, there was an accident that conflicts with the defendant's vehicle that was directly going to the opposite side of the intersection (hereinafter referred to as "the accident in this case").

C. The repair cost of the Plaintiff vehicle is KRW 1,008,000.

On October 27, 2017, the Plaintiff paid KRW 806,400 out of the repair cost to the policyholder of the Plaintiff’s vehicle, and received KRW 252,00 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred by the negligence of the driver of the defendant vehicle, and the defendant asserts that the accident in this case occurred by the negligence of the driver of the plaintiff vehicle.

In light of the following circumstances that are acknowledged by comprehensively considering the overall purport of the pleadings, the instant accident is 50% of the Defendant’s negligence. The instant accident may be recognized as being based on 50% of the Defendant’s negligence.

On the other hand, in the case of a vehicle that turns to the left and a vehicle that turns to the left, there is a priority for the vehicle that turns to the right, so the priority in the accident in this case was the driver of the defendant vehicle.

B. However, according to the images of the on-site photographs at the time of the instant accident, the Plaintiff’s vehicle had already made a left-hand turn, and the side part of the Plaintiff’s vehicle conflict with the Defendant’s driver.

Therefore, at the time, the plaintiff's vehicle first entered the intersection and proceeds a considerable portion.