1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant shall be the plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B OE (hereinafter “Defendant OE”).

B. On July 4, 2017, at around 18:07, the Plaintiff’s vehicle proceeded with a road of one lane near Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, in the direction of the river basin, while driving on the road parking lot on the right-hand side of the road, the Plaintiff’s vehicle was going back from the front side of the Plaintiff’s vehicle, and the Defendant Oroba, which moved ahead of the Plaintiff’s vehicle to the right-hand side of the Plaintiff’s vehicle.

(hereinafter referred to as "the accident of this case". (c)

On August 2, 2017, the Plaintiff paid KRW 582,100 at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6, 8, Eul's 1 through 4, the purport of the whole of the pleading, or the whole of the pleading

2. The assertion and judgment

A. The plaintiff's assertion that the accident in this case occurred due to the former negligence of defendant Orala, who entered the right edge of the lane such as the plaintiff's vehicle and attempted to overtake, in violation of the method of overtaking under the Road Traffic Act, and therefore, the defendant is liable to pay the plaintiff the amount equivalent to the insurance money paid by the plaintiff and the damages for delay.

In this regard, the defendant asserted that the main responsibility of the accident of this case was on the plaintiff's vehicle because the defendant Orala was proceeding on the front side of the plaintiff's vehicle, and did not want to overtake the plaintiff's vehicle, and that the plaintiff's vehicle attempted to make a direction-setting, etc. and the accident of this case occurred.

B. According to the evidence mentioned above, the instant accident is one way for overtaking the Plaintiff’s vehicle in violation of the method of overtaking under the Road Traffic Act.