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 a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On December 26, 2013, around 13:03 on December 26, 2013, there was a traffic accident that shocks the back part of the right side of the Plaintiff’s vehicle, which was left left pursuant to the new subparagraph, into the front part of the left part of the Defendant’s vehicle (hereinafter “instant accident”).

C. On May 23, 2014, the Plaintiff paid KRW 5,890,00 (such as repair expenses - KRW 6,390,000 - self-charges 500,000 for the owner of the Plaintiff) with the repair expenses, etc. of the Plaintiff’s vehicle caused by the instant accident. The Defendant asserted that the Defendant’s negligence by the owner of the Defendant’s vehicle is 85%, and only paid to the Plaintiff KRW 5,006,50 out of the repair expenses paid by the Plaintiff (= KRW 5,890,000 x 85%).

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, each entry or video of Eul 1 to 4, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) The accident of this case argues that while the plaintiff's vehicle turns to the left normally pursuant to the new subparagraph, the accident of this case occurred due to the plaintiff's vehicle's sudden shock from behind the plaintiff's vehicle while driving to the intersection, and therefore, the accident of this case was caused by the former negligence of the defendant's vehicle. Therefore, the defendant is liable to pay to the plaintiff the 883,500 won (=5,890,000 won x 15%) which is the amount equivalent to 15% of the repair cost unpaid by the defendant.

(2) As to this, the Defendant asserts that the instant accident occurred due to the collision with the Defendant’s vehicle that had been making a normal right-hand turn while making a left-hand turn at the time of the Plaintiff’s vehicle’s left-hand turn, and that the negligence of the Plaintiff’s vehicle is about 15% at the occurrence of the instant accident.

B. The following are revealed in light of the above evidence.