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

Purport of claim and appeal

The first instance court.

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

B. A around 14:01 on August 31, 2015, when driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle in front of the 143 Kimpo-dong community service center as Kimpo-si Kimpo-si, and moving bypassing the two-lanes of the two-lanes from the above community service center to the Seoul bank. On the left side of the course, the part on the right side of the Defendant’s vehicle, who was directly in accordance with the straight line of the vehicle in the intersection to the right side, was shocked into the front side of the left side of the Plaintiff’s vehicle, and thereby, the passenger D who was aboard the Defendant’s vehicle, suffered injury.

(hereinafter “instant accident”). C.

By November 24, 2015, the Plaintiff paid insurance proceeds of KRW 3,562,890 under the pretext of D’s treatment costs and agreements arising from the instant accident.

[Based on recognition] The identification of Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that the plaintiff is obliged to pay 1,068,860 won and damages for delay, which are equivalent to 30% of the above insurance proceeds paid by the plaintiff, since the defendant's vehicle was forced to go directly through the above intersection and had already gone to the above intersection bypassing at least 30%, since the negligence ratio of the defendant's vehicle is at least 30%.

B. However, as recognized earlier, the accident site is a private-distance intersection with a signal apparatus, and at the time of the accident, the Defendant vehicle entered normally according to the green signals of the electric signal apparatus at the time of the accident, and in particular, according to the description or image of the evidence No. 5-7, the Plaintiff vehicle is late above the Defendant vehicle.