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 insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid contractor who has entered into a mutual aid agreement with respect to D Vehicle (hereinafter “Defendant”).

B. On September 17, 2017, around 03:45, the Plaintiff’s vehicle attempted to make an illegal internship in the opposite direction while proceeding in the direction of Seo-gu Office, Seo-gu, Incheon, Seo-gu (hereinafter “instant road”). The F vehicle driving the two lanes of the instant road (hereinafter “F vehicle”) changed the two lanes to one lane to avoid the Plaintiff’s vehicle driving an illegal internship, and immediately thereafter, the Defendant’s vehicle driving along the first lane of the instant road was driven by the back-wing part of the Non-Party vehicle.

(hereinafter “instant accident”). C.

From the instant accident to April 25, 2018, the Plaintiff paid insurance proceeds of KRW 5,932,900,000, including KRW 2,152,370, and KRW 3,253,070, and KRW 527,462,90, with the medical expenses and the amount agreed upon by Nonparty 2,152,370, and H’s medical expenses and the amount agreed upon.

[Ground of recognition] Items A 1 through 7, Eul 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the instant accident occurred by the negligence of the Plaintiff’s driver of the vehicle, who attempted an illegal internship, and the Defendant’s driver who violated the duty to keep safe distance, etc. In light of the background of the instant accident and the details of the negligence of the Plaintiff’s driver, it is reasonable to view the instant accident as being 10% of the driver’s negligence and 90% of the driver’s negligence of the Defendant’s driver of the vehicle.

On the other hand, the plaintiff was involved after the accident of this case.