1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is an insurer who has entered into an automobile insurance contract with C-owned vehicles owned by the light passenger (hereinafter “Defendant-owned vehicles”).

B. On June 11, 2015, around 08:35, the Plaintiff’s vehicle in the vicinity of the Dong-gu, Ansan-dong, Dong-dong, Dong-dong (hereinafter “instant accident”). Around 08:35, there was a collision with the Defendant’s vehicle that the vehicle was driven by bypassing to a three-lanes near the intersection, and the Plaintiff’s vehicle was damaged and the vehicle was injured by D or E (hereinafter “instant accident”).

C. The Plaintiff finally paid KRW 5,869,940 on July 28, 2015, the sum of KRW 3,369,50 (including self-charges), D’s medical expenses and agreed amount of KRW 2,142,580, and E’s medical expenses and agreed amount of KRW 354,860 on the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle’s negligence in breach of the duty of her former owner and the duty of her concession driving, and the liability ratio of the Defendant’s vehicle is 20%. As such, it is reasonable to deem that the Defendant is obligated to pay to the Plaintiff the Plaintiff the insurance money paid to the Plaintiff (=5,869,940 won x 20%) equivalent to 20% of the insurance money paid by the Plaintiff.

B. (1) Determination is that Article 25 (1) of the Road Traffic Act provides that "if a driver of any motor vehicle intends to make a right-hand side through the intersection, he/she shall proceed to the right-hand side of the road in advance, and Article 19 (3) of the Road Traffic Act provides that "the driver of any motor vehicle shall proceed to the right-hand side of the road."