The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with D (hereinafter “Defendant”) with respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”).

B. On October 20, 2019, around 20:27, there was an accident that conflicts with the Defendant’s vehicle, where the Plaintiff’s vehicle driven a three-lane road in the front of the Suan-gu, Manan-gu, Manyang-si, with one-lane, by making a left turn at the right side of the road (hereinafter “instant accident”).

(c)

On October 29, 2019, the Plaintiff paid KRW 27,290,000 with the insurance proceeds from the total loss of the Plaintiff’s vehicle. Around that time, the Plaintiff recovered KRW 3,90,000 with the remainder of the vehicle.

[Ground of recognition] Unsatisfy, Gap's statements or images as to Gap's evidence and the purport of whole pleadings

2. The evidence as seen earlier, in particular, taking into account all the circumstances such as the background of the instant accident, degree of shock and shock, road condition at the time of the instant accident, etc., the driver’s fault ratio of the Plaintiff and the Defendant’s vehicle in the instant accident is 20%:80%: (a) the driver’s fault ratio of the Defendant vehicle and the Defendant’s vehicle is determined to be 80% (the driver’s fault of the Defendant vehicle who violated the signal and proceeded to the left is much larger than

However, the Defendant seems to have reached 20% of the negligence ratio of the Plaintiff’s driver who knew or could have known the progress of the Defendant’s vehicle prior to the time of the accident. Therefore, it is reasonable to dispute over the existence or scope of the Defendant’s obligation to perform the obligation with respect to the Plaintiff’s indemnity amounting to KRW 18,712,00 of the Plaintiff’s driver’s indemnity amounting to KRW 23,390,000 ( KRW 27,290,000 - KRW 3,900,000) x 80%) and the payment of the insurance money for this.

Until May 22, 2020, which is the date of the judgment of the first instance court, which is recognized, 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.