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 A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On October 9, 2017, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle and driving it along the two lanes near the Shinho-dong, Seongdong-gu, Seoul, along the two lanes near the Shinho-dong (hereinafter “instant road”) in order to avoid a collision with pedestrians crossinging the Plaintiff’s vehicle without permission in the front section, the driver changed the Plaintiff’s vehicle into the first lane to the first one in order to avoid a collision with the pedestrians crossing the road without permission in the front section of the road, and cut down the part following the left side of the Plaintiff’s vehicle in the front section of the lower part of the Defendant’s vehicle driving along the first lane of the instant road.

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

On November 20, 2017, the Plaintiff paid the insurance proceeds of KRW 511,00 in total to the Plaintiff’s vehicle repair cost, etc. to the Plaintiff, etc., due to the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 4, Gap evidence 2 and 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) At the time of driving the Plaintiff’s vehicle, the driver of the Plaintiff’s vehicle finds a pedestrian crossing without permission on the front side while driving the Plaintiff’s vehicle and driving the two-lane of the instant road, and changes the vehicle lane into the first lane, and the Defendant’s driver also tried to change the vehicle lane into the same one lane as the Plaintiff’s vehicle and stop the Plaintiff’s vehicle. The instant accident is caused by one’s negligence by the Defendant’s driver, who failed to neglect the duty of front-way driving and fails to sufficiently secure the safety distance with the Plaintiff’s previous vehicle.

However, the Plaintiff paid insurance money of KRW 511,00 to the Plaintiff’s vehicle repair cost due to the instant accident for the insured of the Plaintiff’s vehicle.