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

B. On June 12, 2017, around 1:22, the Plaintiff’s vehicle was going to the left-hand turn to the yellow signal along a one-lane of the third-lane road at the intersection near Yongsan-gu Seoul, Yongsan-gu, Seoul, and the direction of its proceeding was two lanes on the third-lane road. In this process, the Plaintiff’s vehicle was in the front part of the Defendant’s vehicle and the front part of the Plaintiff’s vehicle was shocked (hereinafter “instant accident”).

C. The instant accident occurred in KRW 2,973,00 for the repair cost of the Plaintiff’s vehicle. On September 29, 2017, the Plaintiff paid KRW 2,473,000, after deducting KRW 500,000 for the Plaintiff’s self-charges.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion that the instant accident occurred due to the fault of the Defendant’s vehicle entering the intersection and leaving the left at least 30% of the fault ratio should be recognized for the Defendant’s driver.

In addition, with respect to the instant accident, the Plaintiff’s self-paid share cannot be deemed as the remainder of the insurance proceeds received from the insurer, and thus, it cannot be deemed as the “right of the insured” under the proviso of Article 682(1) of the Commercial Act.

Therefore, with respect to the amount of the Plaintiff’s indemnity, it cannot be calculated by deducting the amount of the Defendant’s liability for compensation from the total amount of compensation.

(2) The Defendant’s assertion that the instant accident occurred due to the unilateral negligence of the Plaintiff’s vehicle, which was sent to the right at the intersection at the heart, and the Plaintiff.