1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D two-wheeled vehicle (hereinafter “Defendant vehicle”).

B. On January 22, 2019, around 18:42, the Plaintiff’s vehicle moved back from the fourth-lane to the right side of the 4-lanes in the direction of the station to the southwest circulation of Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul, into the front part of the Plaintiff’s vehicle.

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

On February 15, 2019, the Plaintiff paid KRW 1,945,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The following circumstances acknowledged by comprehensively taking account of the aforementioned basic facts, the evidence as seen earlier, and the purport of the entire pleadings, i.e., in a case where the driver of any motor vehicle intends to make a right-hand through the intersection, he/she shall proceed to the right-hand side of the road in advance (Article 25(1) of the Road Traffic Act). The driver of any motor vehicle is moving to the right-hand side of the road,

The accident of this case occurred, <2> The defendant's vehicle could have opened a witness at a close distance to the direction of the plaintiff's vehicle, etc., and thus, the plaintiff's vehicle could have been anticipated to be right-hand, <3> The driver of any motor vehicle shall pass along the left-hand side of the motor vehicle in front of the other motor vehicle (Article 21 (1) of the Road Traffic Act), and the driver of any motor vehicle who intends to pass ahead of the other motor vehicle shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle in front of the other motor vehicle in front of the other motor vehicle.