1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the supplementary intervenor shall be the supplementary intervenor of the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to B automobiles (hereinafter “Plaintiff”), and C automobiles (hereinafter “Defendant”), respectively.

B. On November 3, 2015, the Plaintiff’s vehicle and the Defendant’s vehicle walked along the front road of Yongsan-gu Seoul Metropolitan Government. At the time, the driving direction of the Plaintiff’s vehicle was a string road, and the driving direction of the Defendant’s vehicle was a downway road.

C. The Plaintiff’s vehicle was somewhat out of the right side of the Defendant’s moving direction, but did not sufficiently avoid the Defendant’s vehicle to pass, and as a result, the Defendant’s vehicle reported the movement of the Plaintiff’s vehicle, the lower part on the left side of the Defendant’s vehicle and the lower part on the left side of the Plaintiff’s vehicle were conflicting.

(hereinafter referred to as “instant accident,” and the circumstances at the time of the accident are as shown in the attached Form).

On November 25, 2015, the Plaintiff paid the insurance proceeds of KRW 656,00,000, excluding KRW 200,000,000, out of the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 2, and the purport of the whole pleadings

2. According to Article 20(2)1 of the Road Traffic Act, when vehicles, other than emergency motor vehicles, run opposite to each other on a narrow road, a motor vehicle going up shall yield the course by getting out of the way to the right edge of the road.

According to the above facts, the accident of this case was caused by the negligence of the plaintiff's vehicle, who is a driver listed on the right side and failed to yield the course to the defendant's vehicle by neglecting his duty of care to yield the course to the defendant's vehicle, and the negligence of the defendant's driver's failure to perform his duty of care to drive safely by closely examining the movement of the driver's vehicle, and the defendant's vehicle.