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 the Plaintiff as the insured Party A with respect to B (hereinafter “Plaintiff”) and the Defendant is the insurer who entered into an automobile insurance contract with C with respect to D vehicles (hereinafter “Defendant”).

B. On August 8, 2014, around 15:10, as indicated in the separate sheet, the Defendant’s vehicle was immediately in the direction of new agency on the south side of Samho-ri and the Plaintiff’s vehicle was directly in the direction of new agency on the side of Samho-ri, while the Defendant’s vehicle was directly in the front side of the Defendant’s vehicle and the front side of the Plaintiff’s vehicle were in conflict (hereinafter “instant accident”).

C. On January 22, 2015, the Plaintiff paid KRW 1,973,000 for the repair cost of the Plaintiff’s vehicle to A.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 2 through 14, entry of Eul evidence 1 to 2, video, and purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident is in progress by the Defendant’s vehicle while the Plaintiff’s vehicle was entering the instant intersection.

Plaintiff

Since the negligence liability ratio of the Defendant’s vehicle can be said to be 80%, the Defendant is obligated to claim for reimbursement of KRW 1,578,400 (1,973,000 x 80% of the negligence ratio) equivalent to the fault ratio of the Defendant’s vehicle out of the insurance money paid by the Plaintiff to the Plaintiff.

B. The Defendant’s assertion that the instant accident occurred is that the Plaintiff’s vehicle was shocked by the Defendant’s vehicle while entering the instant intersection. As such, the fault ratio of the Plaintiff’s vehicle is 70% and the fault ratio of the Defendant’s vehicle is 30%.

3. Determination

A. While the Plaintiff’s vehicle was entering the instant intersection, the Defendant’s vehicle is accelerated.

Plaintiff

The accident of this case is caused by shocking a vehicle.