1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

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

B. On August 17, 2018, at around 16:30, the Plaintiff’s vehicle passed to the right part of the road where no central line is located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant’s vehicle going to the right part of the left part, and the collision with the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On September 10, 2019, the Plaintiff paid insurance proceeds of KRW 1,295,000, excluding the remainder of KRW 665,000,000, out of the total damage of Plaintiff’s vehicle 1,960,000 due to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 11, Eul's 1 through 4 (including each number), the purport of the whole pleadings

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of arguments and arguments as to the ratio of negligence, namely, ① the road in which the instant accident occurred does not stand along the center line, but is so wide as to allow two parallels of vehicle; ② the Plaintiff’s vehicle was in the form of bending to the right side when viewed from the direction of the vehicle’s course; ② the Plaintiff’s vehicle was difficult to secure the view of the running-way vehicle at the right right side as above; ③ the Defendant’s vehicle was over a considerable part of the opposite vehicle’s virtual line; ④ the Defendant’s vehicle was running ahead at a considerable speed depending on the direction of the opposite vehicle; ④ there is no other special evidence to deem that the opposite vehicle was inevitably invaded in the course of running the Defendant’s vehicle. In light of the above, the instant accident is the right side of the road pursuant to Articles 13(3) and 31(1)2 of the Road Traffic Act.