A. The Plaintiff is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On November 7, 2018, around 19:05, the Plaintiff’s vehicle: (a) went to the crosswalk on the front side of the intersection located in Gangnam-gu, Gangnam-gu, Seoul; (b) with the Defendant’s vehicle that violated the pedestrian signal, while making a U.S. walk; and (c) violated the pedestrian signal and violated the pedestrian signal.

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

On December 4, 2018, the Plaintiff paid KRW 280,000,00, excluding KRW 100,000 as the insurance money for the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 and 2, Gap evidence 5-1 and 2, the purport of the whole pleadings]

2. Determination:

A. While the Plaintiff’s vehicle was towed in accordance with the traffic signs and signs, and the two vehicles used on the front side of the Plaintiff’s vehicle continued to be a U.S. vehicle, the Defendant’s vehicle was negligent by shocking the Plaintiff’s vehicle while bypassing the vehicle in violation of the pedestrian signal, and on the other hand, the Plaintiff’s vehicle was negligent by not sufficiently showing the front side as to the failure to discover the Defendant vehicle in advance on the right side between a pedestrian without a crosswalk. In light of the circumstances of all the accidents, it is reasonable to view that the negligence of the Plaintiff’s vehicle was 10%, and the negligence of the Defendant vehicle as 90%.

B. Therefore, the Defendant’s claim against the Plaintiff who paid the insurance proceeds of the instant accident is 242,00 won [280,000 won paid by the Plaintiff (10,000 won for self-payment x 90% - 100,000 won for self-payment - 100,000 won for self-payment] and its payment after the date of the insurance proceeds, and the Defendant’s claim against the amount of KRW 204,00,000 for which the Defendant claimed from December 5, 2018 is a substantial decision of the first instance.