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

The defendant.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to A Cost Star vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to B SP vehicle (hereinafter “Defendant vehicle”).

B. On January 19, 2016, around 15:05, at the southwest of the Dong-dong, the Defendant vehicle runs along the five-lane road at the south of the Dong-dong Olympic Winter Games in Gangnam-gu, Seoul, and the Plaintiff’s vehicle is proceeding along the Defendant vehicle. However, the Defendant vehicle is proceeding along the vehicle. The Defendant vehicle is proceeding along the said five-lane, and the vehicle was going to the right side of the above road. The Plaintiff vehicle moving to the port of the above vehicle for overtaking the Defendant vehicle within the same lane. The other difference was moving from the west to the left side of the said vehicle in order to avoid the overtaking of the vehicle, the vehicle of the Defendant vehicle was discovered at the right side of the vehicle, which started to pass to the port of the Defendant vehicle within the same lane, and it was shocked to the front side of the left side of the Defendant vehicle.

(hereinafter referred to as “instant accident”). C.

On March 30, 2016, the Plaintiff paid KRW 1,673,400 to the driver of the Plaintiff’s vehicle for repair costs.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the accident of this case occurred from the negligence toward the left side of the defendant vehicle in order to avoid the vehicle entering the friendly road. Thus, the defendant, the insurer of the defendant vehicle, should pay the plaintiff who acquired the right to indemnity in accordance with Article 682 of the Commercial Act the automobile repair cost of KRW 1,673,400 and the delay damages.

B. The instant accident, as seen earlier, is with the Defendant’s vehicle in progress prior to the Plaintiff’s vehicle.