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

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On November 19, 2014, at around 11:10, the Plaintiff’s vehicle was in direct contact with the virtual center line at the Sam-distance Intersection near the entrance of the reservoir north of Pyeongtaek-si and the underground road. The Defendant’s vehicle was seriously bypassing to enter the left-hand side of the Plaintiff’s vehicle to enter as soon as possible, and the Plaintiff’s vehicle was entirely left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On February 16, 2015, the Plaintiff paid KRW 5,285,400 as the repair cost of the Plaintiff’s vehicle for the instant accident.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 11 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the accident of this case is deemed to have been caused by the negligence of the plaintiff vehicle, who salved a provisional center line, and the negligence of the defendant vehicle, who made a substantial round to enter as required from the left-hand side of the moving direction of the plaintiff vehicle, and considering all the circumstances such as the occurrence of the accident, the background of the accident, the collision volume and the degree of damage of both vehicles, etc., it is reasonable to view the respective fault ratio of the plaintiff vehicle and the defendant vehicle as 10:90.

Therefore, the defendant, out of the insurance money paid by the plaintiff as indemnity to the plaintiff, 4,756,860 won (i.e., 5,285,400 won x 90%) equivalent to the ratio of negligence of the defendant's vehicle, and as to this, it is reasonable to dispute over the existence and scope of the defendant's obligation from February 17, 2015 following the date of payment of insurance money until September 9, 2015, which is the date of adjudication of the first instance court, and 5% per annum under the Civil Act from the following day to the date of full payment.