1. The plaintiff's appeal is dismissed.

2. The appeal cost (including the cost of participation) shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to B private taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that has entered into a car insurance agreement with respect to C-wheeled Vehicle (hereinafter “Defendant”).

B. On February 23, 2015, around 10:45, the Plaintiff’s vehicle, who was driving along the two-lanes from the front side of the Plaintiff’s vehicle and the front side of the Defendant’s vehicle, had an accident of conflict between the front side of the Plaintiff’s vehicle and the front side of the Defendant’s vehicle, driving along the two-lanes along the two-lanes of the two-lanes.

(hereinafter referred to as “instant accident”). C.

On March 13, 2015, the Plaintiff paid KRW 788,000 as repair expenses.

[Ground of Recognition] Unsatisfy, Gap evidence 2 through 6 (including paper numbers), Eul evidence 1 to 4, or the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the instant accident was caused by competition between the negligence of the Plaintiff’s illegal internship and the negligence of the Defendant’s vehicle seeking to overtake the Plaintiff’s vehicle due to the collision of the center line, and thus, the ratio of the negligence of the Defendant vehicle reaches 80%. However, it is insufficient to acknowledge the fact that the Defendant’s vehicle invadeds the center line and attempted to overtake the Plaintiff’s vehicle, and there is no other evidence to acknowledge it. However, in light of the circumstances of the instant accident, the Defendant vehicle was negligent in neglecting the duty of front and left-down, and the fact that the Plaintiff’s vehicle was trying to unlawfully drive the Plaintiff’s vehicle is the Plaintiff’s own person. Accordingly, the instant accident occurred due to the Plaintiff’s primary negligence.

However, in consideration of the above negligence of the defendant, the ratio of negligence to the accident of this case between the plaintiff's vehicle and the defendant's vehicle shall be determined as 8:2.

B. Therefore, the Defendant’s insurance proceeds paid to the Plaintiff KRW 157,600, which is 20% of the Plaintiff’s insurance proceeds, and the following day of the payment thereof.