1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with Csi (hereinafter “Plaintiff”), and the Defendant is an insurer that has entered into a motor vehicle insurance contract with D Passenger Vehicles (hereinafter “Defendant”).

B. On August 6, 2017, around 20:35, the Plaintiff’s vehicle was straight along the three-lanes of the Central NNV distance from the Seogu Seo-gu Seo-gu, Daegu to the central NNV distance protection area. In the process of: (a) the Defendant’s vehicle that entered the said three-lanes bypassing from the back side of the F cafeteria located in Daegu Jung-gu, Daegu to the above three-lanes; and (b) the Plaintiff’s vehicle was found and operated to the said three-lanes; and (c) the Plaintiff’s vehicle was in conflict with the H car of G driving (hereinafter “victim”).

C. On September 8, 2017, the Plaintiff paid KRW 4,296,40,00 in total, and KRW 2,702,110 in total, from November 2, 2017 to May 8, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 1 to 3, or the purport of whole pleadings

2. The parties' assertion

A. Although the Defendant’s vehicle (a driver, a driver, and a driver are omitted) has a duty of care to check whether it is safe by stopping the vehicle that entered the Plaintiff’s lawsuit, it was difficult for the Plaintiff’s vehicle (a driver, a driver, and a driver) to anticipate the Defendant’s vehicle in advance. Moreover, the instant accident occurred while changing the vehicle into a two-lane in order to avoid the collision with the Defendant’s vehicle that entered the Plaintiff’s lawsuit.

Therefore, the instant accident was entirely caused by the negligence of Defendant vehicle, and even if not, the negligence of Plaintiff vehicle is merely about 10%.

B. The Defendant’s instant accident runs slowly along with the direction direction, etc. of the Defendant’s vehicle.