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

Purport of claim and appeal

1...

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to the Defendant’s vehicle B (hereinafter “Defendant”).

B. At around 05:05 on December 11, 2014, the driver of the Defendant vehicle: (a) while proceeding in violation of the signal, at the direction of the station station, two-lanes of the two-lanes of the 202 reverse three-lanes of the reverse Tri Station in the direction of the station station, the driver of the Defendant vehicle shocked the front part of the front part of the Plaintiff vehicle’s right shouldered in accordance with the new name from the opposite direction to the front part of the Defendant vehicle.

(hereinafter “instant accident”).

C. Due to the instant accident, the repair cost of the Plaintiff’s vehicle was considerably damaged to the extent that the vehicle’s repair cost was considerably exceeded the vehicle’s value. Accordingly, on January 23, 2015, the Plaintiff received the vehicle value table, closed loan certificate documents, etc., and paid KRW 42,25,00 with the total loss insurance proceeds of the Plaintiff’s vehicle on January 23, 2015 (i.e., KRW 53,880,000 for the value of the Plaintiff’s vehicle at the time of the accident - KRW 11,680,000 for the remaining value - KRW 11,680,000 for the remaining property. Of

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8 (hereinafter referred to as "branch number") and Eul evidence Nos. 1 and the purport of the whole pleadings

2. Determination

A. In full view of the facts acknowledged earlier and the distance between the site of the instant accident and the intersection, the time of the instant accident, the speed of the Defendant’s vehicle, and the parts and degree of the collision of the original Defendant vehicle, etc., the instant accident is deemed to have been caused by the overall negligence of the Defendant’s vehicle passing through the intersection in violation of the signal.

B. Therefore, the Defendant paid the Plaintiff’s total loss insurance amount to the Plaintiff, thereby acquiring the Plaintiff’s right to claim compensation for damages pursuant to Article 682 of the Commercial Act (i.e., KRW 42,255,000 in - KRW 24,58,00 in - KRW 24,58,000).