2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C-Vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid entrepreneur who has concluded a mutual aid agreement with respect to D-sis (hereinafter “Defendant”).

B. On November 28, 2018, around 13:15, at the vicinity of the search intersection of Eunpyeong-gu Seoul Metropolitan Government, the Plaintiff’s vehicle was at the right turn to the left at the front three-lane of the intersection, and there was a conflict with the Defendant’s vehicle facing the Plaintiff’s vehicle, who made a left turn pursuant to the new subparagraph.

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

By February 27, 2019, the Plaintiff paid KRW 828,290 as insurance proceeds for the medical expenses for passenger E in the instant vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 3 and the purport of the whole pleadings

2. Determination on the right to indemnity

A. The following circumstances can be acknowledged by comprehensively taking account of the evidence revealed before the left-hand turn, i.e., ① the Defendant’s vehicle was making a left-hand turn at the two-lanes of the Plaintiff’s vehicle, and the vehicle was located in the two-lanes of the left-hand turn, and thus, the vehicle should have entered the two-lanes of the left-hand turn. However, the Defendant’s vehicle is difficult to find the Plaintiff’s vehicle that entered the three-lanes from the right-hand side because the vehicle was in the right-hand side, and it was difficult to find the Defendant’s vehicle that entered the three-lanes of the vehicle at the right-hand side. On the other hand, the Defendant’s vehicle was at the right-hand side prior to the shock of the Plaintiff’s vehicle even if it was possible to easily find the vehicle that entered the three-lanes in the left-hand side, and was at the right-hand side prior to the shock of the Plaintiff’s vehicle; and in light of the circumstances leading up to the instant accident and the degree of collision.