The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is the insurer of the E-vehicle owned by D (hereinafter “Plaintiff”) and the Defendant is the driver of F vehicle (hereinafter “Defendant vehicle”), and the Defendant’s assistant intervenor is the insurer of the Defendant vehicle.

B. On April 12, 2019, the driver of the Plaintiff’s vehicle shocked the H-on vehicle parking the hand to the right side in order to avoid a collision with the Defendant’s vehicle driving in the middle distance from the forward direction of G in Gyeyang-gu Incheon, Gyeyang-gu (hereinafter “victim’s vehicle”).

(hereinafter referred to as “instant accident”). C.

On April 17, 2019 and April 18, 2019, the Plaintiff paid KRW 2,007,70 to the owner of the damaged vehicle totaling KRW 2,00,00 as insurance money.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. Determination

A. The parties’ assertion that the accident of this case occurred entirely due to the negligence of the driver of the Defendant’s vehicle, and the Defendant asserted that the accident of this case overlaps with the negligence of the driver of the Plaintiff’s vehicle.

B. In light of the following circumstances, it is reasonable to view that the instant accident was caused by the negligence of the Plaintiff’s vehicle and the Defendant’s driver, and that the negligence ratio was 40% of the Defendant’s vehicle and 60% of the Plaintiff’s vehicle.

(1) The driver of any motor vehicle shall slowly drive the motor vehicle at the intersection where traffic is not controlled.

(Article 31(1)1 of the Road Traffic Act. The driver of the Plaintiff’s vehicle could have discovered the Defendant’s vehicle that was trying to turn to the left through the intersection at the time of entering the intersection, while the Defendant’s vehicle driver was parked on the road, it was difficult to discover the Plaintiff’s vehicle due to the vehicle parked on the road.

Plaintiff

The driver of the vehicle shall be able to reduce the speed after finding the vehicle of the defendant.