1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an insurer who runs a non-life insurance business, such as automobile insurance, and has concluded an automobile insurance contract with C and its owner (hereinafter “Plaintiff”) for the automobile, and the Defendant is a mutual aid insurer who has concluded the automobile mutual aid contract with the owner of the E vehicle (hereinafter “Defendant”).

B. On March 14, 2018, around 08:14, the Defendant vehicle was traveling along the four-lanes in the straight line as a right to location in Gyeyang-gu, Goyang-si, Yangyang-si, and was shocked with the Plaintiff vehicle being flowed along the main line on the right side of the Defendant vehicle at the right side of the road.

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

Due to the instant accident, the Plaintiff paid insurance proceeds of KRW 1,514,00,000 on April 24, 2018 as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5, images, the purport of the whole pleadings

2. In light of all the following circumstances, such as the above recognition facts and the facts revealed by Gap evidence No. 1's video, namely, the joint road driven by the plaintiff's vehicle is the road set up in combination with the main line; ② the defendant's vehicle is going ahead of the four-lane road; ② the plaintiff's vehicle is going ahead of the main line, but it seems that the accident of this case occurred while trying to move the defendant's vehicle unfairly at the point where the right parallel road ends, it is reasonable to view that the responsibility ratio of the plaintiff's vehicle and the defendant's vehicle is 6:4.

Therefore, the Defendant calculated the amount of insurance money equivalent to the repair cost of the Plaintiff’s vehicle by the instant accident and the amount of 6,056,000 won for indemnity (1,5140,000 won x 0.4), as well as the annual rate of 5% per annum prescribed by the Civil Act from April 25, 2018 to April 25, 2019, which is the day following the date of payment of insurance money, and the day of full payment from the following day to the day of full payment.