1. The plaintiff's appeal is dismissed.

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

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 entered into a mutual aid agreement with respect to A bus (hereinafter “Plaintiff”), and the Defendant is an insurer of the comprehensive automobile insurance contract for B automobiles (hereinafter “Defendant vehicle”).

B. On February 3, 2017, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle on February 3, 2017, and then moving the third-distance road in front of the Heungdong-dong, Busan, to the right side of the Plaintiff’s vehicle, which was located on the right side of the Plaintiff’s vehicle to the right side of the Plaintiff’s vehicle in order to move to the right side in the same direction.

(hereinafter “instant accident”). There is a dispute between the parties as to the circumstances in which the instant accident occurred.

C. The Defendant filed a request with the Plaintiff for deliberation by the Dispute Resolution Committee on Automobile Insurance Claim Compensation (hereinafter “Dispute Resolution Committee”), and the Dispute Resolution Committee determined the negligence of the Plaintiff’s driver in relation to the instant accident as 80%, and the negligence of the Defendant’s driver as 20%, on the ground that “the Defendant’s vehicle is in a state of stop, and the Plaintiff’s vehicle entered the right while entering the port.”

On July 13, 2017, according to the decision of the Dispute Deliberation Committee, the Plaintiff paid to the Defendant on July 13, 2017, the amount equivalent to the fault ratio of the Plaintiff’s vehicle out of KRW 3,588,640, which is equivalent to the fault ratio of the Plaintiff’s vehicle among the insurance proceeds paid by the Defendant to the Defendant, KRW 3,588,640 (=4,485,000 x 80%) or the evidence No. 5, the Plaintiff calculated and paid the amount equivalent to the negligence ratio as KRW 3,58,640 (in relation to the calculation criteria of delay damages, etc., no separate material was submitted); the Plaintiff’s fault ratio equivalent to KRW 3,58,640, as there is no dispute between the Plaintiff and the Defendant, and thus, the claim amount in this case amount equivalent to KRW 80,300,000 of the Plaintiff’s fault ratio.