1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C and D vehicles owned by C (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into a mutual aid agreement with the owner of the vehicle E (hereinafter “Defendant”).

B. On November 29, 2018, at around 15:25, the Plaintiff’s vehicle: (a) entered the right side of the Defendant’s vehicle, which was straightened as one lane, bypassing from the small road near the Seo-gu Scatteringdong-gu, Seo-gu, Seoul to the one lane; and (b) shocked the part on the right side of the Plaintiff’s vehicle into the front seat part of the Plaintiff’s driver’s seat.

(hereinafter “instant accident”. The specific accident situation is the same as the attached drawing). [The ground for recognition] does not dispute, Gap 1 through 5, Eul 1 through 4, and the purport of the entire pleadings.

2. Since the Plaintiff’s assertion that the driver of the Defendant’s vehicle neglected to perform his duty of care in front of the instant accident, the Defendant is obligated to pay the Plaintiff KRW 312,600 equivalent to 30% of the liability ratio of the Defendant’s vehicle out of KRW 1,042,00 of the insurance proceeds paid by the Plaintiff due to the instant accident.

3. The following circumstances revealed by the facts as seen earlier, namely, the Plaintiff’s vehicle, without bypassing to the right edge of the road, entered the vehicle as soon as the vehicle turns to the right edge by using the edge of the road, was difficult for the Defendant’s driver to recognize the existence of the Plaintiff’s vehicle until the close of the Plaintiff’s vehicle due to the vehicle driving on the right edge. Furthermore, the Plaintiff’s vehicle passed the Plaintiff’s front part of the vehicle through the Plaintiff’s vehicle and shocked the front part of the Defendant’s front part, so it is difficult for the Defendant to avoid the collision. In full view of the following circumstances, the instant accident occurred due to the negligence of the Plaintiff’s driver who operated the vehicle in violation of the Road Traffic Act.