1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On January 1, 2019, at the place of 00:30 on January 1, 2019, the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant’s vehicle”) in the insurance relation, such as the background of the accident, destroyed the instant vehicle (at least 0.1% of the driver’s blood alcohol level) and was placed on two-lanes due to the destruction of the front left-hand side as the Defendant’s vehicle (at least 0.1% of the driver’s blood alcohol level) caused the accident. However, as the vehicle driven on two-lanes, the vehicle was shocked with the Plaintiff’s vehicle following the destruction.

B. By March 5, 2019, the Plaintiff paid KRW 456,430 as the medical expenses for the Plaintiff’s driver, and KRW 2,412,860 as the total of KRW 1,956,430 as the medical expenses and the amount agreed upon by the passenger.

The Defendant asserts that the Plaintiff’s vehicle was damaged only by the front part of the vehicle due to the instant accident, but it did not cause any external damage, and that the Plaintiff’s vehicle passenger did not suffer any injury due to the instant accident in light of the incident video, etc.

In light of the background of the instant accident and the degree of damage of the Plaintiff’s vehicle, the accident may be relatively minor. However, in full view of the following circumstances: (a) at the time of the instant accident, the Plaintiff’s vehicle was in a sudden operation and operation, with no direct drilling; (b) there was no direct drilling; (c) there was an injury; (d) a medical certificate was issued for two weeks medical treatment for passengers; and (e) medical expenses were directly paid to the treatment institution, the insurance money paid by the Plaintiff may be deemed to be within the scope of damage to the Plaintiff’s passenger due to the instant accident.

C. The instant accident was caused by the negligence of the Defendant’s driver who caused the accident while driving the Defendant’s vehicle at night while under the influence of alcohol.

In light of the fact that at the time of the instant accident, the accident is at night, and the interval between the prior accident and the prior accident of the Defendant vehicle, the driver of the Plaintiff vehicle.