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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with B (hereinafter “Defendant”) on the vehicle B.

B. Around 17:00 on October 19, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and proceeded in accordance with the straight line one lane in front of the D Hospital located in Yongsan-gu Seoul, Yongsan-gu, Seoul, along the three-lane road, and the Defendant’s vehicle with the two-lanes to the upper right side of the Plaintiff’s vehicle, turned the front side of the Plaintiff’s vehicle as its front side.

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

On November 10, 2016, the Plaintiff paid KRW 18,480,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver who carried out an illegal internship in a unreasonable manner at the intersection, and thus, the Defendant asserts that the Plaintiff should pay to the Plaintiff the amount equivalent to KRW 18,480,000, and damages for delay.

B. The following circumstances acknowledged by each of the above evidence, namely, the Defendant’s vehicle stopped at the edge of the three-lane road in which the instant accident occurred, and attempted to stop from the three-lane to the first one as soon as possible. However, in light of the fact that the Defendant’s vehicle used to turn on the left-hand direction at the front side of the Plaintiff’s vehicle and attempted to do so, the Plaintiff’s vehicle was in a direct position without taking any measure, the instant accident was caused by the Defendant’s primary negligence committed by the Defendant’s driver who attempted to make an illegal internship in the front side of the Plaintiff’s vehicle. However, the negligence of the Plaintiff’s vehicle that failed to drive safely was caused by the instant accident.