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

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the BG car owned by A (hereinafter “Plaintiff car”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to DG car owned by C (hereinafter “Defendant vehicle”).

B. On October 14, 2016, around 17:22, 2016, at the intersection where the Plaintiff’s vehicle runs slowly from the Sung-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Yan-gu without signal lights in the gender exchange market, the Defendant’s vehicle runs slowly from the opposite side of the Sung elementary school to the sex exchange post office, or left left the right from the opposite side of the Defendant’s vehicle without yielding the course to the Plaintiff’s vehicle, allowing the Plaintiff to go back to the opposite side of the Defendant’s vehicle’s driver’s seat of the vehicle (hereinafter “instant accident”), and thereafter, the Defendant’s vehicle runs away from the opposite post office to the sex exchange.

C. On December 22, 2016, the Plaintiff paid insurance proceeds of KRW 12,315,000 at the repair cost of the Plaintiff’s vehicle.

[Basis] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 5, Gap evidence No. 6-1, 2, Gap evidence No. 12-1 through 7, Eul evidence No. 12-1, Eul evidence No. 2-1, Eul evidence No. 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s instant accident was caused by the Defendant’s unilateral negligence by the Defendant’s driver who sufficient part of the driver’s seat of the Plaintiff’s vehicle, who had been placed in a road where the Defendant’s driver was prohibited from entering, and has already entered the intersection from the right side of the running direction of the Defendant’s vehicle to the left side.

The insurer under the Commercial Act seeks to pay the amount equivalent to the repair cost by subrogation of the insurer.

(2) The Plaintiff’s vehicle and the Defendant’s vehicle entered the intersection almost at the same time as the Plaintiff’s vehicle and the Defendant’s vehicle do not perform their duty of temporary suspension or slowly, and they entered the intersection, and the Plaintiff’s vehicle are the Defendant’s vehicle.