1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with CA vehicle (hereinafter “Plaintiff”). The Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with D vehicle (hereinafter “Defendant vehicle”).

B. On January 30, 2018, at around 17:09, the Plaintiff’s vehicle was going through the intersection by straighting a road corresponding to the portion of the street line (i.e., the upper part of the road in front of the 3-lane in Incheon Jung-gu). However, the Defendant’s vehicle, which was proceeding to turn to the intersection the road corresponding to the vertical line (i.e., the upper part) of the said road, was dissat down the visual road, and the front part of the Plaintiff’s vehicle, as it is, was shocked with the front part of the front part of the Defendant’s vehicle.

(hereinafter “instant intersection”). C.

On March 30, 2018, the Plaintiff paid 3,99,000 won remaining after deducting 500,000 won of its own shares at the repair cost of Plaintiff’s vehicle.

[Ground for Recognition: Descriptions of Evidence A Nos. 1 through 7]

2. Determination

A. In light of the facts acknowledged earlier, it is reasonable to view the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 10:90 with respect to the instant accident, comprehensively taking account of the following reasons revealed.

(1) At the time of the instant accident, snow was connected to the site where the instant accident occurred, and snow was stored on the road, and thus, the Defendant’s vehicle entering the intersection, despite the duty of care to slow down so as not to turn off the snow, is deemed to have occurred as a result of the instant accident, and the Defendant’s negligence is considerably larger than the Plaintiff’s vehicle’s negligence.

(2) However, the place where the instant accident occurred is a three-distance intersection where no signal apparatus is installed. However, not only the direction of the Plaintiff’s vehicle driving but also the Defendant’s vehicle driving road connected thereto was in a situation where snow is stored on the land, and thus, the Plaintiff’s vehicle is also a vehicle prior to its entry into the intersection.