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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff for two-wheeled automobile B (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract for C bus (hereinafter “Defendant vehicle”).

B. At around 22:30 on October 7, 2017, A driven the Plaintiff’s vehicle, and driven the front part of the D Driving E-E-Ma-Ma (hereinafter “victim”) driven by the Plaintiff at the front part of the Plaintiff’s vehicle, when driving the Plaintiff’s vehicle and driving it along the said one lane at the center of the Central Elementary School, depending on the three-lanes of the intersection in front of the intersection (hereinafter “instant intersection”). At the time of the passing of the instant intersection, A turned the front part of the D Driving E-Ma (hereinafter “victim”) which stopped along the said one lane at the front part of the Plaintiff’s vehicle.

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

From October 26, 2017 to November 16, 2017, the Plaintiff paid insurance proceeds of KRW 3,362,090 in total with D’s treatment costs and repair costs of damaged vehicles, etc. due to the instant accident.

[Basis] Facts without dispute, Gap evidence 1, 6, Eul evidence 10-3 through 5, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Gap evidence 5, and the purport of the whole pleadings and arguments

2. The parties' assertion and judgment

A. The main point of the party's assertion is (i) A, the driver of the Plaintiff's vehicle and the damaged vehicle, who was the driver of the Plaintiff's vehicle to avoid the sudden operation of the Plaintiff's vehicle in order to avoid the central line from the opposite direction of the Plaintiff's vehicle and the damaged vehicle. The accident in this case occurred due to joint tort committed by the Defendant's vehicle driver and A, and the ratio of negligence between the Defendant's vehicle driver and A is 50%, respectively.

If so, the defendant, who is the mutual aid business of the defendant vehicle, is also the owner and driver of the damaged vehicle together with the plaintiff.