1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with D vehicles (hereinafter “Plaintiff”). The Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with E vehicles (hereinafter “Defendant vehicles”). The Plaintiff’s assistant intervenor is the Plaintiff’s driver.

B. On November 20, 2018, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle and driven the three lanes in front of the G Elementary School located in Dongjak-gu Seoul Metropolitan Government F on the other side of the Defendant’s vehicle in the same direction while driving the three lanes in front of the G Elementary School located in Dongjak-gu Seoul, and shocked the Defendant’s left side of the Plaintiff’s vehicle with the front-hander of the right side of the Plaintiff’s vehicle.

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

On November 30, 2018, the Plaintiff paid KRW 4,436,00 as insurance money after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 7, 9, 11, 12 (including numbers for those with a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, and 5, and fact inquiry results with respect to voice and video, and Seoul Dongjak Police Station, the purport of the entire pleadings, as a whole.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant accident occurred while driving along the Defendant’s vehicle with a three-lane and four-lanes, resulting in the entire negligence of the Defendant’s vehicle.

The defendant is obligated to pay the amount of indemnity and damages for delay to the plaintiff who vicariously exercises the right to claim damages by the owner of the plaintiff.

B. In full view of the aforementioned facts, evidence and the purport of the entire pleadings, the following circumstances, namely, H’s position at the Dongjak Police Station, reported that the Plaintiff’s vehicle and the Defendant’s vehicle with the four-lane course was confirmed to have occurred when the Plaintiff’s vehicle had been changed to the four-lane course, and the Plaintiff’s Intervenor filed a civil petition related to the instant traffic accident, and the Seoul Police Agency filed a civil petition.