1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the D vehicle owned by C (hereinafter “Plaintiff vehicle”).

B. C, around 12:40 on July 5, 2018, driving the Plaintiff’s vehicle, driving the Plaintiff’s vehicle, leading the roads in the vicinity of Incheon Strengthening Group E, to the e-mail of grassland from the surface of the road permanent playground.

Around this time, the Defendant stopped the light rail on the right side of the Plaintiff’s vehicle driving direction, and entered the road beyond the boundary of the road and India.

Plaintiff

Although the vehicle is proceeding with the opposite vehicle beyond the center line in order to avoid the Defendant Gyeong-gu, there was an accident that conflicts between the Plaintiff’s vehicle and the Defendant Gyeong-gu (hereinafter “instant accident”).

C. From August 1, 2018 to August 30, 2018, the Plaintiff paid KRW 2,942,700 to the driver’s C’s medical expenses, KRW 1,053,850 to the same passenger’s medical expenses, and KRW 1,204,90 to the repair expenses of the Plaintiff’s vehicle.

On August 29, 2018, pursuant to the Guarantee of Automobile Accident Compensation Act, the Plaintiff paid KRW 2,230,300 to G Hospital with the provisional payment for the Defendant’s emergency medical treatment expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 3, and the whole purport of the pleading

2. Assertion and determination

A. (1) The plaintiff's assertion that the accident of this case occurred due to the defendant's unilateral negligence. Thus, the defendant is obligated to pay the sum of the insurance money paid by the plaintiff and the provisional payment amount of KRW 7,431,750 and delay damages.

(2) The point where the Defendant alleged that the instant accident occurred is the place where the traffic duty under the Road Traffic Act is assigned (the location where the road is located near the mouth, the area near the summit of the sloping road, the area surrounding the summit of the sloping road, and the decline of the sloping road). The driver of the Plaintiff’s vehicle violated the traffic duty, the driver of the vehicle was in violation of the sloping duty, the vehicle and the bicycle (including agricultural machinery) accident, and the driver’s negligence on the Plaintiff’s vehicle.