1. Of the judgment of the first instance, KRW 4,073,310 against the Plaintiff and its related amount from November 30, 2018 to July 23, 2020.

1. Basic facts

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

B. On October 24, 2018, at around 16:15, the Defendant’s vehicle was going through the intersection located in Jung-gu Daejeon-dong, Daejeon-dong, and the said intersection was passing through, there was an accident that conflicts between the Plaintiff’s front corner and the left-hand side of the Plaintiff’s driver’s seat, who entered the intersection by straighting in accordance with the signals and lines from the right direction of the Defendant’s vehicle (hereinafter “instant accident”).

No signal, etc. has been installed in the direction of the operation of the defendant vehicle at the above intersection.

C. On November 29, 2018, the Plaintiff paid KRW 4,525,900 to the self-insurance proceeds arising from the instant accident in accordance with the automobile insurance contract with C.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Summary of the assertion

A. Since the Plaintiff’s vehicle was in normal operation under the name of the Plaintiff, the instant accident occurred due to the negligence of the Defendant’s driver.

Therefore, the defendant should pay to the plaintiff 4,525,90 won with the amount of indemnity and damages for delay.

B. The instant accident occurred when the Plaintiff’s driver failed to perform his/her duty of care in front and safe driving of the Plaintiff’s vehicle and the negligence of the Defendant’s driver is concurrent. The Plaintiff’s driver’s negligence is at least 30%.

3. Determination

A. Comprehensively taking account of the following circumstances revealed by the facts based on the negligence ratio between the Plaintiff’s vehicle and the Defendant’s vehicle as to the instant accident, the instant accident was determined that the negligence of the Plaintiff’s driver and the Defendant’s driver was concurrent. The negligence ratio between the Plaintiff’s driver and the Defendant’s driver is 10:90.