1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C with respect to D vehicles owned by the Plaintiff (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an insurance contract with B, as the insured, which includes a “F” insurance contract that covers statutory liability for damage to another person’s physical disability or property due to a sudden accident attributable to the insured’s daily life (hereinafter “instant liability insurance contract”).

B. Around 18:20 on June 13, 2019, the Plaintiff’s vehicle driven a road in front of the H high school’s sentiments located in Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu (hereinafter “Defendant’s bicycle”) and the left-hand side of the Plaintiff’s bicycle (hereinafter “instant accident”) led to a collision between the front part of the bicycle that entered the road and the bypassing part of the bicycle that entered the road (hereinafter “Defendant’s bicycle”).

C. By August 26, 2019, the Plaintiff paid KRW 1,116,130,00, after deducting KRW 279,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

Meanwhile, according to the Defendant’s liability insurance contract of this case, the Defendant’s self-paid share that the Defendant agreed to deduct from the insurance amount is KRW 200,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Plaintiff’s bicycle was driving with a sufficient speed, and was normally driving on the right side of the road, but the Defendant’s bicycle did not live around, and was shocked to the left side of the Plaintiff’s vehicle while driving the school as soon as possible, so the instant accident was entirely caused by Defendant’s bicycle’s negligence. As such, the Defendant is obliged to pay the Plaintiff the money and the delayed payment damages as stated in the purport of the claim, excluding its own charges, out of the insurance money paid by the Plaintiff

(b) the Defendant.