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 respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with respect to B bus vehicles (hereinafter “Defendant vehicle”).

B. On October 7, 2017, the Plaintiff’s driver is driving the Plaintiff’s vehicle at around 08:30, and temporarily stops on the two-lanes in front of the D hotel in Seoul Special Metropolitan City, Nowon-gu.

The starting point was the driver, and the driver of the defendant vehicle drives the defendant vehicle at the same time and drives the vehicle at the front side of the plaintiff vehicle.

In order to stop at a bus stop, the driver changed the bus line to two lanes before the plaintiff's vehicle and caused an accident to shock the left side of the plaintiff's vehicle into the right side of the defendant's vehicle (hereinafter "the accident of this case").

C. On December 20, 2017, the Plaintiff paid KRW 8,640,000 on the repair cost of the Plaintiff’s vehicle based on the said automobile insurance contract with the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, and 4 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff, upon paying the insurance money as above, acquired the Plaintiff’s claim for damages against the Defendant by the insurer’s subrogation right, and it is reasonable to deem that the fault ratio of the instant accident is 20% on the Plaintiff’s vehicle and 80% on the Defendant’s vehicle. Therefore, the Defendant is obliged to pay the Plaintiff the indemnity amounting to KRW 6,912,00 (=8,640,000 】 80% on the part of the Defendant’s vehicle) and delay damages thereon

B. The instant accident occurred because the Defendant’s vehicle did not see the left side in the process of rapid exit, and thus, the Defendant’s vehicle’s change from the first lane to the second lane. Therefore, the instant accident entirely occurred due to the Plaintiff’s negligence.

3. Determination

(a) the percentage of fault of the plaintiff and the driver of the defendant vehicle; and