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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is a mutual aid business operator who has entered into a car mutual aid contract with respect to C Trucks (hereinafter “Defendant”).
B. Around 15:10 on May 13, 2017, the driver of the Defendant vehicle driven the Defendant vehicle and driven along the two lanes near the Young-dong Highway Incheon at a point of 19.1km in the upstream-gu, Ansan-si, Ansan-si, in order to change the two lanes from the front side of the Defendant vehicle, the rear part of the Plaintiff vehicle, which was speeded to change the two lanes from the front side of the said road to the three lanes, was shocked into the front part of the Defendant vehicle.
(hereinafter referred to as “instant accident”). C.
On May 30, 2017, the Plaintiff paid KRW 2,00,000,00 for the repair cost of the Plaintiff’s vehicle. On May 30, 2017, the Plaintiff filed a claim against the Defendant (Korea Trucking Business Mutual Aid Association branch) in accordance with the mutual agreement on the deliberation of automobile insurance by asserting that the instant accident occurred due to the Plaintiff’s total negligence, and filed a claim for dispute against the Defendant (Korea Trucking Business Mutual Aid Association branch) under the said mutual agreement. In the occurrence of the instant accident, the committee for deliberation on indemnity charges recognized the ratio of the Defendant’s driver’s liability to 90% for the damages of the insurance amount equivalent to the repair cost paid by the Plaintiff to the Plaintiff, which is the amount of KRW 1,80,000 for the Defendant’s driver’s liability ratio to the amount of KRW 1,980,000 for the Defendant’s vehicle. However, this is the amount calculated by multiplying the Plaintiff’s total insurance amount to KRW 2,00,2000 for the Defendant’s self-paid.