The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).

B. On February 12, 2019, at around 14:20, the Plaintiff’s vehicle was straighted on the road of 934, 84, 034, Pl. Do, Busan, and entered the right off-road parking lot to the right side of the direction of proceeding. While the Defendant’s vehicle, while the Plaintiff’s vehicle was driving the Plaintiff’s vehicle, the Plaintiff’s vehicle was trying to enter the road again, and there was an accident where the front side of the Plaintiff’s vehicle and the rear left side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On February 21, 2019, the Plaintiff paid KRW 450,000,000, excluding KRW 200,000, to the Plaintiff’s automobile repair, as the insurance money according to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 9, Eul evidence Nos. 1 and 4, video and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred is an accident in which the Defendant vehicle, who is the rear-way vehicle, did not properly look at the movement of the Plaintiff vehicle, which is a prior vehicle, and did not violate the duty to drive slowly or temporarily stop the vehicle, and attempted to go out of a narrow space, and attempted to come out of the narrow space.

Therefore, the negligence of the Defendant vehicle in relation to the occurrence of the instant accident shall be at least 60%.

B. The defendant's alleged vehicle confirmed that the plaintiff's vehicle entered the off-road parking lot, and only passed the defendant's vehicle. The accident of this case occurred at the wind that the plaintiff's vehicle re-enters the road again, making a sudden sudden departure without giving direction lights or signal.

Therefore, the responsibility for the occurrence of the instant accident lies entirely on the Plaintiff’s vehicle.

3. Determination

A. Determination of the percentage of negligence, however, can be recognized by the evidence mentioned above.