1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an insurance company that concluded each automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and with respect to the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On June 13, 2015, around 13:25, the Plaintiff’s vehicle found the Defendant’s vehicle, which was laid underground from the access road to the instant parking lot at the ground of the instant parking lot in Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant parking lot”) at the right direction from the underground surface of the underground parking lot (hereinafter “instant parking lot”) to the right right direction, and was going up to the ground along the central line.

Therefore, the Plaintiff’s vehicle stopped before the collision, but the Defendant’s vehicle continued to move ahead of the left side of the Defendant’s vehicle, and the left front part of the Plaintiff’s vehicle shocked.

(hereinafter “instant accident”). C.

In relation to the instant accident, ① on June 19, 2015, the Plaintiff paid KRW 6,420,000 as insurance money to the Plaintiff’s vehicle, and ② the Defendant also paid KRW 1,895,100 as insurance money to the Defendant’s vehicle.

On November 2, 2015, the committee for deliberation on indemnity disputes decided the rate of negligence on the Plaintiff’s vehicle as 70% in relation to the instant accident, and the Plaintiff once paid the Defendant 1,326,570 won (=the Defendant’s amount paid 1,895,100 x 70%) on December 16, 2015 according to the said decision.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 5, and evidence 1, and purport of whole pleading

2. The parties' assertion;

A. The Plaintiff’s assertion 1) The Plaintiff’s vehicle found the Defendant vehicle and stopped immediately, but the Defendant’s vehicle proceeds as it was without neglecting its duty on the front side. The fault ratio of the Defendant’s driver reaches 90%. Therefore, the Defendant, the insurer of the Plaintiff’s vehicle, is obliged to pay 5,778,000 won (=6,420,000 won of the Plaintiff’s insurance money paid to the Plaintiff 6,420,000 x 90% of the negligence ratio of the Defendant vehicle.