1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The insured vehicle (hereinafter referred to as the “Plaintiff vehicle”) Defendant Insured vehicle (hereinafter referred to as the “Defendant vehicle”) in the case of indemnity insurance between the insurer of the vehicle involved in the traffic accident: (a) the vehicle in question at the time of November 13, 2018, at the location of 17:55 on November 13, 2018, at the location of the Plaintiff’s insured vehicle D freight D D freight, was shocked by the front part of the Defendant vehicle’s right-hand part and the rear part of the Plaintiff’s left-hand side while the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front

(hereinafter “instant accident”). The details of the payment of insurance proceeds are 1.6 million won for the repair cost of the Plaintiff’s vehicle (the deduction of one’s own share) on November 29, 2018.

(a) Circumstances, etc. involving accidents;

B. The Plaintiff asserts that the Defendant is obligated to claim the total amount of the insurance money paid by the Plaintiff, on the ground that the Plaintiff did not discover the Plaintiff’s first entering the Defendant’s vehicle and the Defendant did not discover the Defendant’s vehicle.

The judgment of the first instance court considered the source of the instant accident and the fault ratio of the Defendant vehicle as 50:50.

In light of the fact that the instant accident occurred in the division that the Plaintiff’s vehicle overtakes the Defendant vehicle to the right side of the Defendant vehicle and intends to drive the vehicle to the front side of the Defendant vehicle, and that the point of the accident is an intersection, the passing is prohibited, and the Plaintiff’s vehicle should yield the course to the front vehicle. In light of other circumstances of the instant accident, it is reasonable to determine the fault of the first instance court.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

C. If so, the Defendant is liable for reimbursement of KRW 1,60,000 as well as to the Plaintiff at the rate of 5% per annum from November 30, 2018 to June 11, 2019, which is the date of the first instance judgment from November 30, 2018, and 12% per annum from the following day to the date of full payment.