1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

1. The circumstances leading to the instant accident are as follows.

On April 27, 2017, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff, the insured vehicle of the Plaintiff at the time of the accident, and the insured vehicle of the Defendant (hereinafter referred to as the “Defendant vehicle”) proceeding in three lanes near the third line road collision situation in Seodaemun-gu Seoul, Seoul at the location around April 19, 2017, after the right side of the insured vehicle of the Plaintiff insured vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff”), which was proceeding two lanes, entered the two lanes on the right side of the vehicle, the head of the vehicle is pushed in three lanes on the right side, and the two lanes are moving into the two lanes on the right side, and there is no dispute over the payment of shock insurance money, KRW 469,190 (repair cost) self-liability loss [based on recognition], the entry in subparagraphs 1 through

2. In light of all the circumstances, such as the fact of the above recognition and the background of the accident, the degree of conflict and shock, etc., the accident in this case occurred by the whole negligence of the defendant vehicle on the part of the defendant vehicle, because the defendant vehicle driving on a three-lane line, without considering the situation of the two-lane course in order to pass the vehicle, has changed the course to a two-lane, without considering the situation of the two-lane course, and it is reasonable to view that the accident in this case did not have the negligence of the driver of the plaintiff vehicle or negligence, which is the cause of offsetting negligence.

Therefore, the Defendant, the insurer of the Defendant vehicle, is the Plaintiff who subrogated the Plaintiff’s right to claim damages pursuant to Article 682(1) of the Commercial Act, with respect to KRW 469,190 and KRW 398,81 (amount cited in the first instance judgment) among them, 5% per annum under the Civil Act from September 2, 2017 (the day following the payment date of the Plaintiff’s insurance money) to July 20, 2018 (the day of the first instance judgment), 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and with respect to damages calculated at the rate of KRW 70,379 (the additional amount cited in this court), the existence and scope of the Defendant’s obligation to perform from September 2, 2017 to May 16, 2019.