A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”) owned by the Multilateral Design Co., Ltd., and the Defendant is a mutual aid business operator who entered into an automobile mutual aid contract with respect to the vehicle B (hereinafter “Defendant”).

B. Around 19:00 on November 16, 2016, the Plaintiff’s driver passed through an intersection with no signal, etc. near the school street in Gangnam-gu Seoul, Seoul, and the Defendant’s vehicle driving on the right side of the Plaintiff’s vehicle with an unforeseen speed (hereinafter “instant accident”) caused an accident where the Defendant’s vehicle driving on the right side of the Plaintiff’s vehicle shocks the front part of the front side of the vehicle (hereinafter “instant accident”).

C. On December 26, 2016, the Plaintiff paid KRW 43,607,00 for the repair cost of the Plaintiff’s vehicle to the Multiwon Design Co., Ltd.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the defendant's vehicle had shocked by proceeding the plaintiff's vehicle that had already entered the intersection through the intersection with no signal signal, without putting the front side at all, while passing the intersection. Accordingly, the defendant asserts that the accident of this case occurred due to negligence on the part of the plaintiff's vehicle not verifying the defendant's vehicle that entered the right side while passing through the intersection.

3. Liability for damages and scope of the right of indemnity;

A. Comprehensively taking account of the aforementioned evidence and the above facts acknowledged, it can be recognized that the Defendant’s vehicle that made a bypass at the right side without lowering the speed and that caused the instant accident. As such, the Defendant is the insurer of the Defendant’s vehicle who is the perpetrator, and is liable to compensate for the damages suffered by the Plaintiff’s vehicle due to the instant accident.

B. However, the existence of a vehicle coming from the left side when the vehicle passes through the intersection without the signal of the side road.