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 entered into a comprehensive automobile insurance contract with respect to Ampted Vehicles (hereinafter “Plaintiff”). The Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B rocketing taxi (hereinafter “Defendant”).

B. On November 17, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on and around 19:09, and proceeded along the three-lanes of the three-lane road in the Hanwon-dong, Seocho-gu, Seoul, along the Hannam intersection, from the high-speed terminal room to the Hannam intersection. However, the Defendant’s vehicle, which had been driving the two-lanes of the same road, led to the change of the Plaintiff’s vehicle to three-lanes, and the front portion of the Plaintiff’s vehicle was shocked to the right side of the Defendant’s vehicle.

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

On November 27, 2017, the Plaintiff paid the insurance proceeds of KRW 929,670,00 in total, including KRW 331,670, and KRW 598,00,00, to Robgs Co., Ltd., for the repair cost of the Plaintiff’s vehicle.

[Basis] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 3, Gap evidence 5, Eul evidence 2 to 4, and the purport of whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident of this case is that the defendant vehicle, which had been driving two lanes, is caused by shocking the plaintiff vehicle that had been driving the three lanes on the one hand, while changing the two lanes into the other one. This accident is caused by the total negligence of the driver of the defendant vehicle.

However, the Plaintiff paid the insurance money of KRW 929,670 as the repair cost of the instant vehicle due to the instant accident for the insured of the Plaintiff, by subrogation of the insurer under Article 682 of the Commercial Act, thereby acquiring the right to claim damages against the insured driver of the vehicle.

Therefore, the defendant, who is the mutual aid business for the defendant's vehicle, has the obligation to pay the plaintiff the indemnity amount of KRW 929,670 and delay damages.