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 an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant vehicle”).

B. On May 21, 2019, around 13:40, the following: (a) an accident was occurred with the Plaintiff’s vehicle, which was driven directly from one lane among the two-lanes left, while the Defendant’s vehicle was making a left turn at the private distance intersection in front of the post office located in the south-dong, Southern-si, Southern-si, Seoul Metropolitan City, without any signal signaling front of the post office (hereinafter “instant accident”).

C. On June 11, 2019, the Plaintiff paid the insurance proceeds of KRW 122,000,000, except for the self-charges of KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 1 to 3, video, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s vehicle entered the intersection through which the Plaintiff’s alleged vehicle was driven, discovered the Defendant’s vehicle for temporary suspension, but the Defendant’s vehicle did not see the Plaintiff’s vehicle in a state of stop and shocked the Plaintiff’s vehicle. As such, the instant accident was wholly caused by the Defendant’s negligence. 2) Even though the Defendant’s alleged vehicle attempted to turn to the left before entering the intersection, the Plaintiff’s vehicle provided an important cause for the instant accident by entering the intersection and stopping immediately before the Defendant’s vehicle entered the intersection, thereby contributing to the occurrence of the instant accident.

B. The judgment is based on the following circumstances, i.e., the Defendant’s vehicle entered the intersection prior to the Plaintiff’s vehicle, but the Plaintiff’s vehicle discovered and stopped the Defendant’s vehicle after entering the instant intersection, and the Defendant’s vehicle.