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 insurance company that entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an automobile insurance contract with respect to the vehicle B (hereinafter “Defendant”).

B. On July 5, 2015, around 10:23, the Defendant’s vehicle estimated that it loaded the front vehicle back to the left side of the previous Plaintiff’s vehicle while driving a two-lane of the area adjacent to the city highway, Dong-dong, Busan Metropolitan City.

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

In relation to the instant accident, on September 8, 2015, the Plaintiff paid KRW 448,070 as insurance money (insurance money based on the self-physical accident) for the medical expenses for C, a driver of the Plaintiff’s vehicle, as the Plaintiff’s insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 8, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The instant accident occurred due to the unilateral negligence of the Defendant’s vehicle, and the Plaintiff subrogatedly acquired the Plaintiff’s right to claim the payment of the insurance proceeds against the Defendant by paying KRW 448,070 to C with the insurance proceeds of the instant accident on behalf of the Plaintiff. As such, the Defendant is obliged to pay the Plaintiff the amount equivalent to the said insurance proceeds as a reimbursement. (2) The instant accident of this case occurred due to the Defendant’s failure to drive the Plaintiff’s vehicle on the rear side of the Defendant’s vehicle and changing the course from the three lanes to the two lanes, and then rapidly reduce the speed. As the Plaintiff’s negligence exceeds 70%, the Defendant is not obliged to pay the amount equivalent to the percentage of negligence.

B. According to the judgment of the 1st driver's negligence, Eul evidence No. 4, the Road Traffic Authority's Busan District Office investigated the circumstances of the instant accident, and as a result, "(1) the Plaintiff's vehicle is flowed along with an urban expressway from the net lamps to the urban expressway.