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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On January 22, 2016, at around 13:28, the Plaintiff’s vehicle is proceeding along the intersection of the Yongsandong Park, Seo-gu, Daejeon, Seo-gu, Daejeon along the two-lanes of the two-lanes of the middle-lanes in the direction of the direction of the direction of the Plaintiff’s vehicle, while proceeding along the three-lanes of the same road on the front right side of the Plaintiff’s vehicle, and shocking the left side of the Defendant’s vehicle beyond the virtual leading line to overtake the Plaintiff’s vehicle.

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

On February 29, 2016, the Plaintiff paid KRW 635,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle. Thus, the defendant asserts that the plaintiff should pay 635,000 won of the insurance money paid by the plaintiff as compensation for damages.

As to this, the defendant asserts that the accident in this case occurred both the negligence of the plaintiff vehicle and the negligence of the defendant vehicle, and that the defendant's negligence in relation to the accident in this case is merely 50%, and that the plaintiff's claim for reimbursement that exceeds the defendant's negligence cannot be complied with.

B. As to the Defendant’s rate of fault in relation to the instant accident, the following circumstances, namely, a driver who takes the left or left turn to the left at the intersection, which are acknowledged by the aforementioned evidence, by comprehensively taking account of the developments leading up to the instant accident, the collision level and degree of the original Defendant’s vehicle, the vehicle’s final stopping location, and the present condition of the road where the instant accident occurred.