1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with respect to a A chartered bus vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a motor vehicle insurance contract with respect to B (hereinafter “Defendant vehicle”).

B. On December 26, 2015, around 17:50, the Plaintiff’s vehicle is driving along one lane, which is a bus-only one lane, from the direction of Seoul to the direction of Busan, along the vicinity of the 358km (lined point of Busan) of the bus-only one lane located in the public road in the city of Ansan-si (hereinafter “instant accident”). On December 26, 2015, there was an accident that collisions the driving seat of the Defendant’s vehicle with the front part of the Plaintiff’s vehicle by changing the vehicle from the third lane to the one lane in the direction of Busan (hereinafter “instant accident”).

C. On May 30, 2017, the Defendant paid insurance proceeds of KRW 6,416,690 in total from the medical expenses, etc. of Defendant vehicle passenger C, who sustained an injury in the instant accident.

Then, the Defendant filed an application with the Plaintiff for deliberation and mediation of the instant accident with the committee for deliberation and resolution of the instant accident, and the said committee recognized the liability ratio due to the instant accident as 20% of the Plaintiff’s vehicle and 80% of the Defendant’s vehicle, and decided to pay KRW 1,283,338 out of the Defendant’s claim amount to the Plaintiff. While the Plaintiff filed an application for reexamination, it decided to maintain the result of the lower court on May 15, 2017.

E. The Plaintiff paid KRW 1,283,338 to the Defendant according to the deliberation and resolution by the said commission.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred is that the Defendant’s vehicle lose balance due to the reason that it is not possible to identify the cause of the instant accident while changing the lane on the expressway, thereby shocking two lanes and shocking the central separation zone, and complete the driving lane of the Plaintiff’s vehicle.