1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with B (hereinafter “Plaintiff”) and the Defendant is the driver of C Vehicle (hereinafter “Defendant Vehicle”).

B. On August 25, 2016, around 1:16, the Plaintiff’s vehicle running a two-lane between the two-lanes near the Busan Jung-dong Woo-dong Woo-dong, Busan, and the two-lanes in the process in which the Plaintiff’s vehicle, which entered the two-lanes to make a right-hand way.

There was an accident shocking with the Defendant’s vehicle that intends to stop following the right stop signal (hereinafter referred to as “instant accident”).

C. On September 20, 2016, the Plaintiff paid insurance proceeds of KRW 1,017,60,00, which deducts KRW 254,00 of the self-paid charges, out of KRW 1,271,60 of the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) The instant accident occurred in the course of the Defendant’s vehicle moving into a two-lane to the right side of the Plaintiff’s vehicle, and the Defendant’s fault constitutes 70%, and thus, the Defendant is obliged to pay the Plaintiff the Plaintiff the 712,230 won, which is 70% of the repair cost of the Plaintiff’s vehicle, and the damages for delay.

(2) The Defendant’s assertion that the instant accident occurred due to the shock of the Plaintiff’s vehicle, which was stopped to wait for the right-hand signal on the two-lanes, is due to the sudden negligence of the Plaintiff’s vehicle, and thus, there is no responsibility for the Defendant.

B. (1) In light of the background leading up to the occurrence of the instant accident and the location of each vehicle and the degree of collision, which can be known by the evidence revealed prior to the occurrence of the liability for damages, the instant accident prior to its round.