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. On June 6, 2018, around 07:55, the Plaintiff’s vehicle: (a) when making a left-hand turn to the right-hand turn from the direction of the Chon Island Intersection of the Chondo Intersection of the Chondo Intersection of the Chondo at Seoyangyang-si; (b) in the direction of the Chon Island of the Chon Island, the vehicle collisions with the Defendant’s vehicle, which was located along one lane in the direction of the Chondo; (c) due to the shock, the Defendant’s vehicle was at the center and proceeded toward the opposite direction (hereinafter “the vehicle abroad”).

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

By July 6, 2018, the Plaintiff paid 3,950,000 won in total as damages for non-party vehicles, such as repair expenses, etc., according to the automobile insurance contract.

[Ground of recognition] Facts without dispute, entries and images of Gap's evidence 1 through 5, 7 through 9, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion arose from the negligence of the Defendant’s vehicle driving at a speed of 73 kilometers per hour beyond the speed limit, and the Plaintiff acquired the right to indemnity against the Defendant, the insurer of the Defendant vehicle, pursuant to Article 682 of the Commercial Act, and thus, the Defendant is liable to pay the Plaintiff the insurance money paid as damages.

B. The gist of the Defendant’s assertion: (a) the police officer who investigated the instant accident shall determine the Plaintiff’s vehicle as a damaged vehicle; (b) the driver of the Plaintiff’s vehicle imposes a fine and penalty points only on the Plaintiff’s driver; and (c) the Plaintiff’s vehicle and Nonparty’s vehicle did not yield the course at all at the time of the instant accident, in consideration of the circumstances of the instant accident, such as the fact that the Defendant’s vehicle and Nonparty’s vehicle were under direct control over the direction and right