1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 6, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 13:10, and shocked the part adjacent to the driver’s seat of the Plaintiff’s vehicle, which was set back on the right side from the rear side of the Defendant’s vehicle, left to the right side of the Plaintiff’s vehicle at the right side of the front line of the Plaintiff’s vehicle, from the right side of the front line of the Plaintiff’s vehicle, to the right side of the front line of the Plaintiff’s vehicle.

hereinafter referred to as "the accident of this case"

(C) On June 12, 2015, the Plaintiff paid insurance proceeds of KRW 262,00 with the repair cost of the Plaintiff’s vehicle on June 12, 2015 due to the instant accident. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 7, and Eul’s evidence No. 1 or video, and

2. Determination

A. In full view of the developments leading up to the instant accident, the degree and degree of the collision of the original Defendant vehicle, the final stop location of the original Defendant vehicle, etc., which are recognized by the evidence mentioned above, the Defendant vehicle appears to have attempted to make a right-hand by passing through the safety zone on the road bend in the direction of 2:0, and therefore, it is reasonable to deem that the instant accident occurred due to the previous negligence of the Defendant vehicle that attempted to overtake the Plaintiff vehicle by passing through the safety zone where driving is prohibited.

B. Therefore, the Defendant is obligated to pay to the Plaintiff 262,00 won of the insurance proceeds paid by the Plaintiff and the damages for delay calculated by applying each rate of 5% per annum as stipulated by the Civil Act from June 12, 2015, which is the date of delivery of a copy of the instant complaint, to November 13, 2015, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiff's claim of this case is justified.