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 concluded an automobile insurance contract with the Plaintiff as the insurer for D vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is the insurer who has concluded an automobile mutual aid contract with the mutual aid business operator for E vehicles (hereinafter “Defendant vehicles”).

B. The plaintiff's vehicle is driving in a two-lane of the three-lane road in front of the Busan Gangseo-gu Busan Metropolitan Government Financial Cooperative Co., Ltd.

However, there was an accident in which the left side of the Plaintiff’s vehicle is shocked on the right side of the Defendant’s vehicle while the Defendant’s vehicle, which was driving after a one-lane, was faced with two-lanes. (hereinafter “instant accident”).

C. On May 31, 2018, the Plaintiff paid KRW 9,990,000 as insurance money to B, who is the borrower of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 8, the purport of the whole pleadings

2. According to the fact that the Plaintiff’s right to indemnity was established, the Defendant is the insurer of the Defendant’s vehicle, and is liable for damages arising from the instant accident to B, the borrower of the Plaintiff’s vehicle, and the Plaintiff who paid the insurance money to B may exercise the right to indemnity against the Defendant B by subrogation pursuant to the insurer subrogation provision under Article 682(1) of

3. On May 31, 2018, the Plaintiff paid KRW 9,900,00 to B of the Plaintiff’s vehicle repair cost due to the instant accident, as seen earlier.

Meanwhile, in light of the fact that the Plaintiff’s driver stops the Plaintiff’s vehicle on the two-lanes in the middle of the road to allow passengers to board, and the background and cause of the instant accident, shock level, and degree of damage, etc., the responsibility of the Defendant’s vehicle for the instant accident is limited to 80%.

Therefore, the defendant's KRW 7,992,00 multiplied by 80% of the liability ratio of the defendant's vehicle in KRW 9,990,00 (=9,900,000 x 80%) and insurance money for this.