1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

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

A. On February 1, 2019, at around 18:08 on February 1, 2019, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) Defendant Insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant”), such as the background of the accident, went through the intersection by straighting from one lane in the vicinity of the Gangseo-gu Seoul, Gangseo-gu, Seoul, while passing through the intersection. The Defendant’s vehicle, who was moving to the direction of the Plaintiff’s vehicle along the vehicle above, led to the lower side of the Plaintiff’s vehicle and the lower part of the fences of the Defendant’s seat.

The details of the payment of insurance proceeds are 383,000 won for the repair cost of the Plaintiff’s vehicle (the deduction of KRW 200,000 for self-payment) on March 5, 2019.

B. The instant accident, based on fault determination, was caused by the fault of the Defendant-only vehicle bypassing the course without yielding the course to the directly-run Plaintiff’s vehicle.

However, in full view of the circumstances such as the night and the operation of on-and-off signal at the time, there were several stops due to the vehicle near the intersection, the vehicle that was entered by bypassing immediately preceding the Defendant’s vehicle, the vehicle seems to have been sufficiently aware that the Plaintiff’s vehicle entered by bypassing the Defendant’s vehicle, and the Plaintiff’s vehicle is deemed to have changed to the vehicle course toward the two-lanes after the intersection, it appears that the Plaintiff’s driver would have been able to avoid the accident by driving or changing course, and therefore, the Plaintiff’s negligence is committed on the Plaintiff’s vehicle that failed to properly do so.

It is reasonable to view the negligence ratio of the Plaintiff’s vehicle and Defendant’s vehicle as 20:80 in light of the aforementioned accident background, shock level, etc.

[Ground of recognition] Facts without dispute, Gap 1 through 6, Eul 1, 2, purport of the whole pleadings

C. Defendant’s duty of indemnity of KRW 266,400 ( = 583,00 x 0.8-200,000)

2. If so, the defendant shall pay to the plaintiff KRW 266,400 and insurance money to the plaintiff.