1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A (hereinafter “Plaintiff”) as the insured, and the Defendant is an insurer who entered into an automobile insurance contract with C business-use taxi vehicles (hereinafter “Defendant vehicle”).

B. Around 09:50 on November 2, 2014, the instant accident occurred: (a) while driving the Plaintiff’s vehicle on the street No. 116-ro (hereinafter “instant intersection”) along an intersection without signalling, etc. from the right side of the non-permanent apartment, the Plaintiff’s front front door of the Defendant’s vehicle driving on the right side from the left side of the course of the Plaintiff’s vehicle was shocked by the driver’s seat in front of the Plaintiff’s driver’s seat while driving the vehicle on the side of the road (hereinafter “victim”). The instant accident occurred (hereinafter “instant accident”).

C. On February 12, 2015, the Plaintiff paid KRW 845,460 in total at the repair cost of the damaged vehicle (= KRW 310,860 in total).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion;

A. Although the Plaintiff’s vehicle entered the instant intersection, the Defendant’s Defendant’s assertion that the Plaintiff’s vehicle was negligent in performing the duty of care to safely check and operate the front and rear left, and entered the instant intersection by overcoming the median line. As such, the Defendant’s fault ratio of the Defendant’s driver in relation to the instant accident is 50%.

Therefore, pursuant to Article 682 of the Commercial Act, the defendant, who is the insurer of the defendant vehicle, shall pay to the plaintiff 42,730 won (=845,460 won x 50%) out of the repair cost of the damaged vehicle paid by the plaintiff.