1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 3, 2016, around 10:40 on August 3, 2016, the Plaintiff’s vehicle was in the first lane, the front left left-hand turn-hand turn-hand turn-hand turn-hand turn-hand on the road located in Busan Jin-gu, Busan, and the front left-hand turn-hand turn-hand turn-hand turn-on of the Defendant’s vehicle, which was left-hand at the two-lanes of the straight-down, conflict with the front left-hand part of the Plaintiff’s vehicle, and due to its shock, a traffic accident that reconconsects the safety fences installed on the road (hereinafter “instant accident”).

C. With respect to the instant accident, the Defendant paid the insurance proceeds of KRW 1,510,080,080, total of KRW 792,00,00 as repair cost for the Defendant’s vehicle repair cost, and as repair cost for damage to safety fences.

On November 21, 2016, the Defendant filed a request with the Plaintiff for deliberation by the committee for deliberation on indemnity disputes (hereinafter “Deliberation Committee”), and the Deliberation Committee decided the ratio of negligence on the original Defendant’s vehicle to 40:60,030, and the Plaintiff paid 604,030 won to the Defendant by November 24, 2016 (=1,510,080 x 40%).

【Unsatisfied Facts, Gap’s statements and images, and the purport of the whole pleadings, as stated in Gap’s evidence Nos. 1 through 6, 8, 9, 11, 12, and Eul’s evidence Nos. 1 through 8 (including each number number)

2. The assertion and judgment

A. The parties' assertion that the accident of this case occurred by the whole negligence of the defendant's vehicle that made the left turn at the two-lane straight line, and thus, the defendant should return the insurance money paid by the plaintiff.

In this regard, the defendant did not find the left turn of the defendant vehicle prior to the plaintiff vehicle and did not proceed to the left turn, and the driver's negligence of the plaintiff vehicle is not less than 40%.