1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

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 an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. Around 18:20 on April 6, 2017, the Plaintiff’s vehicle was driving along a side lane of 12-lane 6, Dong-gu, Daegu-dong, Daegu-ro, 12-lane 6, a road along the right side of the direction, and caused the Plaintiff’s death to E (hereinafter “victim”) who is the driver of the electric wheelchairs, by collisioning the electric wheelchairs crossing the road from the right side to the left side according to the crosswalk without signal lights, etc. sent behind the Defendant’s vehicle parked at the right side of the direction.

(hereinafter “instant accident”).

C. By December 26, 2017 under an automobile insurance contract, the Plaintiff paid KRW 88,370,700 in total as the medical expenses and damages for the victims of the instant case.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the instant accident is a duty to pay the part equivalent to the percentage of the fault of the Defendant vehicle (20%) out of the insurance proceeds paid by the Plaintiff to the Plaintiff as damages, as the Defendant acquired the right to indemnity against the Defendant, who is the insurer of the Defendant vehicle pursuant to Article 682 of the Commercial Act.

B. As to this, the Defendant: (a) the instant accident occurred due to the Plaintiff’s previous negligence of the Plaintiff’s driver, who did not see the front side of the house at all; and (b) accordingly, the Plaintiff’s driver of the Plaintiff’s vehicle exists.