1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the purpose of the entire pleadings in each entry in Gap evidence 1 to 7, and Eul evidence 1:

The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A car (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with B car (hereinafter referred to as “Defendant vehicle”).

B. At around 22:00 on June 6, 2016, the Defendant’s vehicle driving the same two-lanes of the three-lane road near the main quarter of the Dong-dong Highway located in Yong-gu, Yong-gu, Seoul, along the direction of Incheon, attempted to change the vehicle behind the Plaintiff’s vehicle while the Defendant’s vehicle driving the same one-lane road in the direction of Incheon. The Defendant’s vehicle driven ahead of the Plaintiff’s vehicle with the rear wheels on the front side of the Defendant’s vehicle.

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

By August 2, 2016, the Plaintiff paid KRW 1,320,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. The assertion and judgment

A. At the time of the instant accident, the Plaintiff asserted that the instant accident occurred due to the previous negligence of the Defendant’s driver, and sought full amount of the insurance proceeds paid by the Plaintiff to the Defendant and damages for delay on the ground that the instant accident occurred due to the Defendant’s failure to avoid the instant accident, arguing that the instant accident occurred due to the Defendant’s fault.

In this regard, the defendant asserts that the negligence of the driver of the plaintiff vehicle in relation to the above accident is at least 20% since the driver of the plaintiff vehicle neglected the duty of the front-way driver and did not yield the right of way despite the previous driver's change of the vehicle vehicle.

(b) judgment;