1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to pay shall be revoked and that part shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On March 8, 2018, around 09:08, the Plaintiff’s vehicle left a road where the snow of a shooting distance without signal lights, etc. in the Daegu-gu E-K, Daegu-gu, the part of the right door of the Defendant’s vehicle, which is facing the right side from the left side of the Plaintiff’s vehicle, was shocked with the front door of the Plaintiff’s vehicle.

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

On March 27, 2018, the Plaintiff paid KRW 372,00,00, after deducting KRW 200,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 2 and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

(a) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection in which a traffic ratio is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the relevant motor vehicle is traveling, and if other motor vehicles are to drive the intersection from a road with a wide width, he/she shall yield the course to such other motor vehicles (Article 26 (2) of the Road Traffic Act) and the driver of any motor vehicle who intends to drive the motor vehicle into the intersection at the same time where traffic is not controlled,

(3) The driver of any motor vehicle shall also slowly drive the motor vehicle in the intersection where traffic is not controlled.

(Article 31(1)1 of the Road Traffic Act (Article 31(1) of the Road Traffic Act). The following circumstances, which can be acknowledged by comprehensively taking account of the evidence and the purport of the entire arguments, are an intersection where the instant accident occurred, namely, an intersection where traffic is not controlled, and the Plaintiff’s vehicle and Defendant’s vehicle entered the intersection almost at the same time.