1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a motor vehicle mutual aid agreement with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer that entered into a motor vehicle insurance agreement with respect to D 23.5 tons tank vehicles (hereinafter “Defendant vehicles”).

B. On September 9, 2019, the Plaintiff’s vehicle: (a) completed gas stations located in the F station located in Daegu Northern-gu, Daegu Northern-gu, and (b) discovered that there is an empty space on the right side of the Defendant’s vehicle in the atmosphere to enter a general road prior to the Plaintiff’s vehicle on the front side of the station; (c) sought to enter the road prior to the Defendant’s vehicle; and (d) there conflict between the front side of the Plaintiff’s left side and the front side of the Defendant’s vehicle while the Defendant’s vehicle departs.

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

On September 17, 2019, the Plaintiff paid 243,000 won after deducting 500,000 won of self-charges for the repair cost of the Plaintiff’s vehicle due to the instant accident as mutual aid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence No. 1 (including provisional numbers; hereinafter the same shall apply), video and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s vehicle driver asserted that the instant accident occurred due to negligence without sufficiently verifying the surrounding area, although he/she could have known that the Plaintiff’s vehicle entered the right-hand vacant space.

Therefore, the fault ratio of Defendant vehicle is at least 80%, and the Defendant is obligated to claim the amount corresponding to the fault ratio among the mutual aid funds paid to the Plaintiff by the Plaintiff to the Plaintiff.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the facts found in the judgment on the negligence of the driver of the Defendant vehicle, namely, ① the Defendant vehicle was checking the traffic situation of the road to enter by temporarily stopping in the station of a gas station to enter a general road, and ② the Plaintiff to leave the station of a gas station.