1. Revocation of the first instance judgment.

2. From August 23, 2016 to October 31, 2018, the Defendant paid KRW 302,594 to the Plaintiff as well as to the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the automobile owned by C (hereinafter “Plaintiff”), and the Defendant is the driver of the E vehicle (hereinafter “Defendant”), and the F Co., Ltd. (hereinafter “F”) is the insurer who entered into the automobile insurance contract with the Defendant.

B. On June 25, 2015, around 15:30 on the one-lane road located in Pyeongtaek-si northbuk-do, in which the Plaintiff’s vehicle proceeds behind the Defendant’s vehicle, and left the vehicle at a rapid speed beyond the median line to overtake the Defendant vehicle, and there was an accident corresponding to the Plaintiff’s vehicle (hereinafter “instant accident”) on the wind where the Defendant vehicle turns left the left beyond the median line.

C. On June 14, 2018, the Plaintiff paid KRW 1,235,170 to C with the agreed amount, and KRW 1,215,390 in total to G hospital from September 30, 2015 to August 22, 2016, and returned KRW 677,630 from F on April 27, 2016.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion that the instant accident occurred, the Defendant, who was trying to turn to the left, should have the left by properly examining whether the subsequent Plaintiff’s vehicle intends to overtake the Defendant vehicle, the instant accident was caused by the negligence of the Defendant’s driver, who caused the accident between the Plaintiff and the victimized vehicle, and caused the accident to turn to the left without properly examining the central line.

Furthermore, it is reasonable to view that the negligence of the driver of the Plaintiff vehicle and the negligence of the driver of the Defendant vehicle are 60%: 40%. As such, the Defendant, as the driver of the Defendant vehicle, is obligated to pay to the Plaintiff 2,450,560 won (i.e., KRW 1,235,170, KRW 1,215,390) less KRW 67,630 returned from F from KRW 980,224, which is 40% of the total insurance amount paid by the Plaintiff.

B. Determination Doesck;